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Seal of the United States 



Designed by the Committee appointed by the Continental Con- 
gress, July 4, 1776, consisting of Benjamin Franklin, 
John Adams and Thomas Jefferson. The seal 
is colored as required by Act of Con- 
gress of June 20, 1782. 



THE 



GOVERNMENT OF THE PEOPLE 



OF THE 



"UNITED STATES 



BY 



FRANCIS NEWTON THORPE, 

SOMETIME PROF. OF CONSTITUTIONAL HISTORY, UNIVERSITY OF PENNSYLVANIA. 

REVISED EDITION. 







PHILADELPHIA: 

Eldredge & Brother, 

No. 17 North Seventh Street. 
1902. 



BY THE SAME AUTHOR, 

A COURSE IN CIVIL GOVERNMENT. 






The "Course in Civil Government 
of the People of the United States." 



an abridgment of " The Government 



•a*o« 



Entered, according to Act of Congress, in the year 1889, by 

ELDREDGE & BROTHER, 
in the Office of the Librarian of Congress, at Washington. 
. ••o$o« — 



Revised Edition. Copyright, 1902. 



* * 

WESTCOTT & THOMSON, 

EEECTROTYPERS, PHILADA 

* * 



THE U»«A*Y »F 
G©NGRE?"\ 

Two Copies Receive* 

APR. 12 1902 

Co*VRI«HT eNTBV 

Jel. /A 'Vol, 
CI ASS 60 XX? Mo 

COPY B. 




All that is sacred in life is inseparably bound up with 
government. Its nature is complex ; it implies rights and 
duties ; it involves human lives and activities ; its organ- 
ization is required of the whole people ; its administration 
is committed to their representatives. 

Popular government is of slow growth. Why it began, 
how it began, how it grew, and what it has become during 
the first century of the existence of the United States, con- 
stitute the story of politics which appeals with irresistible 
force to American citizens. Political knowledge is also 
slowly gained. It cannot be gathered from newspapers, 
nor from public speeches, nor from the talk of the street ; 
only the formal treatise can set it forth in its unity and 
show the close sympathy between all human interests and 
the government under which they prosper. 

The story of the Government of the people of the United 
States has its beginning far away across the sea, and the 
story of political rights in England has its sequel in the 
story of political rights in America. Nor have these rights 
been accidental acquisitions : they are the fruits of Amer- 
ican experience, growing out of the instincts, the charac- 
ter and the attainments of the Anglo-Saxon race in this 
countrv. 



4 PREFACE. 

The Nation is the chief theme ; the political people as 
a unit are the government. From savage life to the life 
of the Nation is the transition in human history which 
constitutes civilization. Unlike some nations, the United 
States is almost without traditions. It may be said that 
our traditions may be found in the original documents. 
So close are we to the days of our origin, that it is possible 
for us to study our institutions at first hand. Each State 
in the Union presents some peculiar civil features, and the 
teacher of civil government may use with profit the con- 
stitution of the State, the charter of the city, the ordinance 
of the town, the laws of the Assembly, or the act of Con- 
gress as fundamental authorities in the study of govern- 
ment. The meaning of a state paper may be explained in 
a simple manner, and be understood in its essential nature 
even by quite young persons. There is a freshness also in 
thus taking studies of government from the source of the 
stream. The papers printed in Part IV. will suggest others 
that may be used as collateral reading for the class. 

The Government is presented in its historical, in its legal, 
in its political and in its economic relations. The chapter 
on " The Four Groups of Rights " is a departure in works 
of this kind, but I am confident that the time has come 
when the methods of political study pursued in the leading 
schools of history and political science may be pursued in 
the other schools of the United States. 

The Federal and the State Constitutions cannot be ex- 
amined critically in a book of this kind. In all interpre- 
tations of constitutions I have followed the language of the 
Supreme Court. As no person could construct the actual 
Government under which we live by reading any of the 






PREFACE. 



American constitutions, I have attempted to divide the 
subject all along between institutional and constitutional 
government. Movements in population, immigration, edu- 
cation, habits of thought among the people of various parts 
of the country, inventions, discoveries, religion and public 
morality have been considered as factors equally potent 
with formal constitutions and the enactments of legislative 
bodies in determining the character of our Government. 

It is more desirable to understand the principles under- 
lying civil life and their development and applications in 
society than to memorize discordant political facts. The pe- 
culiar claim of popular government to universal authority 
is its identification with the great principles of civilization. 
It claims to be founded upon the rights of man and the prin- 
ciples of human nature. Wherever the principles of pop- 
ular government are illustrated in our governments, I have 
attempted to assert either directly or by implication the 
principle involved. 

The land as a factor in government is presented some- 
what fully. Our land system and our land acquisitions 
are shown by maps. A few engravings from celebrated 
paintings have been introduced to aid in impressing on the 
mind some of the greatest events in human history. The 
Charter of King John, the Declaration of Independence — 
of which a fac-simile is given — the Mayflower Compact, 
and the Emancipation Proclamation are events in the story 
of popular government. With one exception these events 
occurred on American soil. The illustrations and the 
events to which they refer intimate my desire to develop as 
plainly as possible the idea of sequence, progress, liber- 
alization in thought and action, human enfranchisement 






6 PREFACE. 

and civilization as the chief characteristics of the nations 
of modem times. The limits of the book prevent me 
from doing more than suggest the wealth of illustration of 
the amelioration of men and manners which may be traced 
in the supremacy of modern laws, in modern charities and 
in the attitude of the modern mind toward all problems of 
society and government. 

Although the chapters are paragraphed and separately 
numbered for convenience in class use, they are written 
to read as if unbroken by special headings. The heavy 
type shows the thought of the paragraph, and, before study- 
ing a chapter, it may be read through aloud as an un- 
broken whole, omitting the titles to paragraphs. Numer- 
ous foot-notes and tables illustrate applications of princi- 
ples referred to in the body of the book. 

Nothing in government is meaningless ; we live amidst 

an intense political life. As the face on the postage-stamp 

signifies an executive power delegated by the people, so 

upon examination will many common civil phenomena 

illustrate profound principles in popular government. The 

book is sent forth with the earnest hope that it may help 

those who read it to understand more perfectly the rights 

and the duties of American citizenship. 

FEANCIS NEWTON THORPE. 

University of Pennsylvania t \ 
Philadelphia, Pa. > 




PART I. 
THE FOUNDATIONS OF GOVERNMENT. 

CHAPTER PAGE 

I. The Four Stages of Society . 11 

II. The Four Groups of Eights 20 

III. The Story of Political Eights in England ... 26 

IV. The Story of Political Eights in Colonial Amer- 

ica 40 

V. The American Constitutions 61 



PART II. 

LOCAL GOVERNMENT. 

I. The People and their Home Affairs: the Town- 
ship, Town, County, City, State, and Territory 84 



PART III. 



THE NATION. 

I. The Making of the Nation . . - 118 

II. The People and the Land 127 

III. The Law-makers and the Laws 139 

IV. What Congress may do ... 152 

V. Powers Denied to Congress and to the States . 164 

VI. The President of the United States 172 

VII. The Executive Departments 183 

VIII. The Courts of Justice 194 

IX. The People and the Money 207 

X. The People in Politics 214 

XL The Citizen 226 

XII. The Nation 231 

7 



CONTENTS. 



PART IV. 
STATE PAPEES. 

CHAPTEK PAGE 

I. The Mayflower Compact 239 

II. The First Declaration of Eights 241 

III. The Declaration of Independence 244 

IV. The Articles of Confederation 250 

V. The Constitution of the United States 263 

VI. The Emancipation Proclamation 287 

Appendix 290 

The Australian Ballot System 300 

Questions Developing the Government of the 

State, County, City, Township, Town, etc. . . . 302 

Problems in Civil Government 304 

Questions for Debate 306 

Index 307 






ILLUSTRATIONS. 



Great Seal of the United States Frontispiece. 

King John Signing Magna Charta 34 

Signing the Mayflower Compact 49 

Adoption of the Declaration of Independence .... 62 

The State-House in Philadelphia 74 

President Lincoln Beading the Emancipation Procla- 
mation to his Cabinet 126 

Map showing Public Domain and Acquisition of Ter- 
ritory 128 

The Capitol Building at Washington 139 

The Supreme Court of the United States 203 

Liberty Enlightening the World 225 

Fac-simile of the Declaration of Independence .... 214 




Part I. 



THE FOUNDATIONS OF GOVERNMENT. 



Man is bom a citizen. — Aristotle. 

The fundamental law of rights is, be a person, 
and respect others as persons.— Mulford. 

Society is marching with long strides toward 

democracy Is it a good? Is it an evil? I 

know little enough; but it is, in my opinion, the 
inevitable future of humanity.— Count Cavour. 

The village, or township, is the only association 
which is so perfectly natural that wherever a num- 
ber of men are collected it seems to constitute itself. 
-De Tocqueville. 

To the people we come sooner or later ; it is upon 
their wisdom and self-restraint that tlte stability 
of the most cunningly devised scheme of govern- 
ment will in the last resort depend— Bryce. 



i 



CIVIL GOVERNMENT. 



»**<: 



CHAPTER I 



THE FOUR STAGES OF SOCIETY. 



1. CIVIL INSTITUTIONS.— The laws, customs and 
occupations of a people comprise their civil institutions. 
Human interests are not solitary. One interest is related 
to all others. If we were to journey over the earth, visit- 
ing its different peoples, we might at first think that the 
civil institutions of the many peoples we saw were too 
different for any kind of classification ; by a closer exam- 
ination we would discover four classes of human society — 
savages, herdsmen, husbandmen and manufacturers. 

2. Savages. — The peoples whose chief occupation is 
hunting comprise the savage tribes of the six continents. 
They have customs simple and rude, and laws few and 
cruel. The boundaries of the land over which they seek 
their supplies are in constant dispute between the tribes. 
Each tribe is a collection of kindred families, and is gov- 
erned by a man famed both as hunter and as warrior. 
His will, so far as he can enforce it, is law. The symbol 
of his authority is a spear or a club. 

3. Life and Language. — Hunting supplies savages 
with food and clothing. They suffer from many diseases 
which do not seriously endanger a civilized community. 
Their language is unwritten, usually abounds in guttural 
sounds, has few words, not usually more than three hun- 
dred, and these are not inflected so as to express shades 
of thought. Their language is composed of nouns and 

u 



12 CIVIL GOVERNMENT. 

verbs, with few if any other parts of speech. The nouns 
rudely name the plain objects of the senses ; their words 
do not express exact qualities or quantities. Taken singly, 
the words have little if any meaning. The people have few 
and crude ideas. 

4. Superstitions.— Savages are extremely superstitious 
and easily terrified by the phenomena of nature. They 
people the world with demons, and their customs are 
demoniac, and frequently degrading. They do not under- 
stand the causes and the nature of common things. 

5. Character. — The habits, customs, superstitions and 
manner of life of savage tribes indicate their true character. 
Life among them is unsafe ; morality too often unknown ; 
physical strength, the sole basis of right ; government, the 
uncertain and brutal exercise of physical power and the 
sullen and unwilling obedience of the jealous and the 
weak. 

6. Herdsmen. — A larger group of peoples keep flocks 
and herds, and by means of these provide for themselves 
food and clothing. The area and boundaries of the land 
required by their cattle vary. Herdsmen follow the grass ; 
it is the source of their wealth. They are wanderers and 
dwell in tents, but their laws and customs are less rude 
than those found among hunting tribes. They practice 
simple arts and make many articles required by their 
manner of life. They have a greater variety of food 
than savages, and many desires unknown to savage life. 
Butter and cheese are made by them in a simple way. 
The art of curing leather begins among them. They have 
their wealth for exchange, and thus obtain many articles 
which they cannot make for themselves. 

7. Government among Them. — Their ruler is the 
oldest living father of a family, and the symbol of his 
authority is a shepherd's staff. The laws among them 
grow out of their occupations. Their laws have reference 
chiefly to two objects — the protection of life and of prop- 



THE FOUR STAGES OF SOCIETY. 



13 



erty. Savages have no property that can be called wealth, 
nor can the savage accumulate wealth. He cannot keep 
his game ; he makes nothing ; at death his hunting equip- 
ment is usually buried with him. The herdsman has many 
cattle, and at his death some one must care for them. Nat- 
urally, the members of his own family succeed to his 
wealth, and his personal authority also descends to his 
personal representative or heir, who is usually his eld- 
est son. 

8. Laws of Property Begin.— Thus laws of the in- 
heritance of property originate among herdsmen. This 
property is movable, or, as we now say, personal. Land 
becomes a thing of value, and land-laws originate in the 
use of the land for grazing. ^Vater, in the form of brooks, 
wells and springs, becomes the subject of customary rights. 
As a well is dug by severe labor, he who digs a well has a 
right to it for his family and his flocks. 

9. Language and Ideas. — Herdsmen have more words 
in their language and more ideas than have savages. Shep- 
herds are often in one locality for a long time ; they watch 
their flocks night and day; they observe the course of 
nature and discover its regularity. They were the first to 
study the motions of the heavenly bodies, and they fancied 
that they saw familiar forms among the stars. Lions and 
wolves were there chasing cattle and sheep, and to the con- 
stellations of the stars they gave names. Centuries have 

- 1. but the names given to the stars by the shepherds 
still cling to them. Thus the science of astronomy began. 
The language of shepherds expresses their ideas. One of 
the oldest poems in the world, the book of Job, describes 
the customs, the laws and the character of a people who 
were shepherds in Mesopotamia, one of the early homes 
of our own civilization. 

10. Life and the Recognition of Rights. — Herdsmen 
have many more interests than savages, because they have 
more ideas and objects of desire obtained by labor. Such 









14 CIVIL GOVERNMENT. 

objects constitute wealth. Government among them rec- 
ognizes and protects life and property and the comfort of 
man. The patriarch has more cares than the chieftain. 
It is a principle of government that as the interests of men 
increase and as they secure wealth by their own labor, govern- 
ment becomes more complex, or, as we are accustomed to say, 
has more departments; for a primary object of government 
is to secure to individuals and to nations their rights. 

11. Importance of Rights. — A right is the most im- 
portant possession a person can have. Human rights are 
the realities which government is instituted to protect. The 
word "right" has more meaning than any other word used 
in governmental affairs, and we shall constantly have occa- 
sion to investigate its signification. When we understand 
what rights exist in a country, we know exactly what is 
the government of the people of that country. 

12. Effect of the Recognition of Rights. — The im- 
mediate effect of the recognition of rights is the exercise 
of government to protect them. A denial of a right is a 
wrong, and the suspension of a right, if not justifiable, is 
a crime. 

13. Husbandmen. — The peoples who cultivate the soil 
outnumber all others. They live in fixed homes; they 
divide the land and mark its boundaries with care. To 
remove a landmark confuses many interests and endan- 
gers rights, and is a crime ; for the tiller of the ground 
is obliged to feed and clothe himself and his family by 
his own labor on a definite piece of ground, and if the 
boundaries are disturbed unlawfully the living of the 
family is in danger. 

14. Crimes. — Among the herdsmen the stealing of cat- 
tle is a crime, because the living of the family is thereby 
endangered. The tiller of the ground must be protected 
from similar injury, and his wealth is a definite area of 
ground. Land-laws thus become more definite among 
those who practice agriculture; many customs and law? 



THE FOUR STAGES 0* SOCIETY. 



15 



peculiar to an agricultural people would not arise among 
herdsmen. Each state of society has its legal system that 
is founded upon its own character. Different civil insti- 
tutions, becoming different systems of government, thus 
spring up in the world. 

15. Superior Knowledge required in Agriculture. 
— The farmer is obliged to understand the nature of crops, 
soils, culture and harvesting. He requires many tools for 
which the savage or the herdsman could have no use. He 
must understand the laws of nature so as to be able to 
make a living. His wants are more numerous than those 
of the savage or the herdsman. His ideas outnumber 
those of the other two classes. His language reflects his 
mind and contains many words. His interests are four- 
fold : those pertaining to his labor ; those pertaining to 
the control of his fellows; those relating to his conduct 
toward men ; and those relating to the God whom he wor- 
ships. 

16. Manufacturers. — A fourth group of peoples are 
engaged in making objects of desire, and thus they are 
closely related to the herdsmen and to the tillers of the 
soil. Labor creates rights and transforms raw material, 
such as the skins and the wool produced by the herdsmen 
and the agricultural products of the husbandmen, into 
articles adapted to many human uses. The making of 
objects requires a large amount of knowledge in the 
maker. He has many ideas, and his language contains 
many words, unknown to the savage or the herdsman. 
With increased knowledge comes the division of labor and 
the recognition of industrial rights. New industries are 
created, old industries are improved. Simple tools are 
displaced by complicated machinery that never wearies 
and that rapidly transforms raw material into finished 
articles. In every step of this process rights are con- 
cerned. The forms of wealth multiply, so that they can 
scarcely be counted. The manufacturer depends upon 






16 CIVIL GOVERNMENT. 

the productions of farming and of herding for mate- 
rial used in his labor. His rights are therefore closely 
connected with the rights of other men. He must build 
machines, erect suitable buildings, provide material, em- 
ploy craftsmen, manage industrial enterprises, understand 
industrial conditions, satisfy the desires of men for mate- 
rial wealth created by human labor, and exercise freely 
all his rights, in order that the desires of men may be 
satisfied. 

IT. Laws and Customs pertaining" to Industry. — 
A manufacturing community develops habits or customs 
that are recognized by experience to be favorable or un- 
favorable to industry. Thus, government that protects 
the rights of manufacturers and all those associated with 
them in the making of objects must conform to these cus- 
toms and enact suitable laws. 

18. Civilized Peoples have a Variety of Interests. 
— In a civilized country the interests of the herdsman, of 
the tiller of the soil and of the manufacturer may be found 
in a single community and even in a single person. The 
farmer tills his ground and at the same time keeps cattle 
and sheep. Near by is the town in which the manufac- 
turer maintains his plant — i. e. his factory and all its inter- 
ests. A community has at the same time the interests of 
the three classes of peoples. Rights thus may imply the 
interests of the husbandman, of the herdsman and of the 
manufacturer. Every department of life is affected by the 
recognition or the suppression of these rights. 

19. Effect Seen in Society. — As ideas increase among 
men, language increases, until there may be, as in our own 
tongue, more than one hundred thousand words. Every 
right creates a custom, and the custom may become a law. 
A custom is only a way of doing, and a law is a rule of 
action prescribed by a supreme power, declaring how, 
when, where and by whom a thing shall or shall not be 
done. 



THE FOUR STAGES OF SOCIETY. 17 

20. Commerce. — With the increase of the wealth of 
individuals and of nations, and with the recognition of 
rights among them, exists a commerce both in ideas and in 
things. Articles are produced, transported, exchanged and 
consumed. The star-clusters that seemed like sheep and 
oxen and lions to the shepherds become the lighthouses 
of the sky, and guide ships laden with precious cargoes 
from port to port, from continent to continent. Men be- 
come more closely associated; they supply each other's 
wants. Their interests become complex, and sometimes 
it is impossible to separate them. The herdsman, the 
former, the merchant, the railroad, the steamship, the 
miner, the manufacturer, the workingman, — all and each 
represent a mass of interests and a body of rights. To 
further these interests and to secure these rights govern- 
ments are instituted among men ; customs grow into laws, 
and laws and customs grow into that supreme law or chief 
custom of all — Government 

21. Importance of Government. — We see plainly, 
then, that the meaning of government is exceedingly 
large, because it concerns itself with every human interest. 
We see that customs and laws and language and govern- 
ment are closely connected with the occupations of "the 
people. The occupations affect the government, and the 
government affects the occupations. 

22. Different Forms of Government. — Different 
forms of government exist, because the ideas of men dif- 
fer as to the best manner of managing their own interests. 
Peoples who have many wants and who are able to satisfy 
them by intelligent labor are civilized — i. e. they have be- 
come citizens. The word "citizen" is companion to tbe 
word "right," and like it has a profound meaning. In- 
deed, so important is the signification of this word that 
individuals and nations, in order to obtain the realization 
of the full rights of the citizen, have made costly sacri- 
fices. The rights of the citizen are made precious to us by 



18 CIVIL GOVERNMENT. 

the lofty sacrifices of human life in order that men and 
women and children may have their inborn rights freely, 
fully and at all times. 

A theocracy is a government in which the rulers are 
priests who claim to be under the immediate direction of 
God. The government of the ancient Jews was a theoc- 
racy. 

A monarchy is a government in which the supreme 
power resides in a single person, usually called a king. 
If his power is limited by laws, the government is a lim- 
ited monarchy ; if all power proceeds from him, the gov- 
ernment is an absolute monarchy. Modern kingdoms are 
limited monarchies, except Russia and Turkey, which are 
absolute monarchies. 

An aristocracy is a government controlled by a few 
men distinguished for rank, wisdom and wealth. Venice 
was an aristocracy during the Middle Ages. 

A democracy is a government by the people in person. 
Rhode Island was a democracy for a brief time* 

A republic is a representative democracy. Our States 
and the United States have a republican form of govern- 
ment. 

23. Sanctity of Government. — The interests of a 
people are so closely blended with their government that 
government becomes the supreme interest of the people ; 
its character is sacred, because its preservation concerns 
the lives and the property of all who compose the nation. 
Therefore the attempt to overthrow the prevailing govern- 
ment is a crime against the nation. This crime is called 
treason, and is punishable with death. 

Sometimes a government is successfully overturned and 
remodelled with the consent of the people who compose 
it. A successful change in the government amounts to a 
revolution, such as occurred in this country in 1776. But 

* See Y 86, p. 51. 






THE FOUR STAGES OF SOCIETY. 19 

all thoughtful men agree that governments long estab- 
lished are not to be overturned for light and passing rea- 
sons, else all stability in human affairs would disappear 
and fickle-minded people would cause perpetual confusion 
in the world by the constant change in governments. The 
people have the right to alter or amend their own govern- 
ment in a peaceful way, as was done in this country in 
17S9. 

24. The True Basis of Government. — When we look 
a little closer for the foundation of government, we dis- 
cover that it exists in the nature of men themselves. The 
rights of persons give occasion for government. Individ- 
uals have by nature desires, wills, ideas, character, and 
upon these, government is founded. The natural rights 
of men, women and children as citizens are called civil 
rights. Some citizens have other rights which are called 
political rights. The right to personal security is a civil 
right, and is common to all citizens ; the right to vote is a 
political right, and is possessed by qualified persons called 
electors. But the true basis of government is persons, not 
things. 






CHAPTER II. 

THE FOUR GROUPS OF RIGHTS. 



25. Men Differ concerning" Rights. — We might think 
that every man could guard his own rights, and that in 
this way the rights of all would be protected. But men 
differ among themselves in their opinions about their 
rights : this difference of opinion is natural to men, and 
must always be taken into account in human affairs. 
Government is based upon men as they are ; it is a for- 
midable reality. If only a few men lived in the world, in 
a simple way of life, isolated from each other, they might 
possibly be able to protect their own interests, but they 
could not realize their own rights. Men cannot live in 
isolation ; association is necessary, and this necessity gives 
rise to human society. 

26. Rights of Society. — The word {l society" is also 
an important word. Individuals have rights as individ- 
uals ; they also have rights to and in association, called 
the rights of society. The relation of the individual to 
society is that of the part of a living organism to the 
whole of the organism. An individual is a part of soci- 
ety, and is incomplete outside of it. The political rights of 
an individual are largely fixed by his relations to society. 

27. Rights and Duties Related. — Every right, whether 
of the individual or of society, implies a duty. Every 
duty implies a right. A duty is the exercise of a right. 
The words right, citizen, society, and duty are of intense 
interest to civilized people ; they stand for ideas and prin- 
ciples of primary importance to human beings. 

The rights of individuals and of society give rise to that 

20 



THE FOUR GROUPS OF RIGHTS. 21 

kind of knowledge called political. The word " political " 
originally meant urban, or pertaining to the city, because 
people are closely associated in a city and are compelled 
to recognize their own rights and those of others. Cities 
have served a peculiar office in discovering the rights 
of men, and many of the cities of England maintained 
the rights of the citizens when these rights were lost 
in the rural districts. Cities have preserved human 
liberties. 

The duties of individuals and of society give rise to that 
knowledge which we call moral. The word " moral " im- 
plies the idea of conduct or custom of doing, judged by 
the standard of human welfare and of Divine law. A 
man is a political being because he has rights; he is a 
moral being because he has duties. 

28. Individuals and Society. — Government protects 
a person in his rights and requires him to perform his 
duties. The character of society is the character of the 
individuals who compose it. Bad men make bad society. 
Government must therefore address itself directly to indi- 
viduals, must have power over them, and must depend 
upon them for its authority and for its character. We are 
individually a part of the government, and should know 
our rights and perform our duties. The neglect to do so 
endangers the government and wrongs us individually. 
The rights now so common among us are ours only after 
the greatest struggles that the world has seen. 

29. Natural Rights. — We do not inherit rights ; they 
are inherent ; God creates them in every person. There 
have been L r overnments in the world for ages, but the truth 
that ail men are born with equal rights has been accepted 
less than a hundred years. To understand and to live 
this truth is the privilege of the world to-day. We of the 
United States have this privilege by the law of the land. 
But because we have more rights than any other nation, 
we have more duties. American citizens have rights and 



22 CIVIL GOVERNMENT. 



duties unknown to the people of Europe. Yet many in- 
stitutions common among us began long ago in Europe. 

30. Foreigners become Citizens. — Several hundred 
thousand Europeans come to the United States every year 
for permanent homes. They are chiefly from England, 
Ireland, Italy, Germany and Scandinavia. They have 
caused those sections of the United States where they are 
most thickly settled to take on a character peculiar to 
themselves ; some parts of the United States are Germanic, 
some are Scandinavian, some are Italian, in many of their 
prevailing customs. The African race has been in this 
country since 1619. Africans and Europeans and some 
Asiatics are made welcome by our government, and by 
conforming to the laws they have become American citi- 
zens. They learn the rights and the duties of American 
citizenship by actual practice. Serious social problems 
constantly arise ; but the experience of the past encour- 
ages us to believe that we shall be able to solve these 
problems by earnestly grappling with them in the recog- 
nition of our rights and the performance of our duties. 

The Four Groups op Rights. 

31. Industrial Rights. — The citizen has the right and 
the duty to support himself and those dependent upon 
him by honorable labor : such rights and duties are called 
Industrial. These are many and of first importance. With- 
in this group fall all the rights of laborers, operatives and 
of makers of things of every description. Industrial rights 
and duties affect the business, the material interests of 
the household, and the productive interests of the coun- 
try — the farms, manufacturing plants, the wages of men, 
women and children, the hours of labor, the means of 
transportation, such as railroads, canals, steamship lines, 
express companies and common carriers. Industrial rights 
and duties also extend to society at large. America has 
vast industrial relations with other countries ; we use arti- 



. 



THE FOUR GROUPS OF RIGHTS. 23 

cles produced in foreign lands, and they use articles made by 
us. Our industrial interests comprise a large portion of 
our wealth, and government guards them with extreme care. 
32. Political Rights. — The citizen has also opinions as 
to what he himself and society should do and what ideas 
should be supreme in the state. These ideas of control or 
government are called political ideas. His political ideas 
are his own property, and he has the right to express them 
and to carry them into effect with the aid of his fellow-citi- 
zens, provided that neither he nor they do or suffer wrong. 
His right is to do unto others as he would have them do 
unto him. Men are always trying to enforce their ideas 
upon others — i. e. to govern them. In this second group 
of rights and duties are all those rights of opinion con- 
cerning government, such as, what kind of government 
is best ; how government should be administered ; who 
should exercise authority ; where that authority should be 
located. Political rights and duties affect all our opinions 
about human laws, the nature of public offices and the 
character of public officers. Political rights and duties 
are concerned when public servants are chosen, such as 
school-directors and assessors, tax-collectors and judges, 
governors and senators, members of Congress or the Presi- 
dent of the United States. Political rights and duties are 
concerned in such ordinary and important matters as the 
carrying of the mails ; the material, the quality, the quan- 
tity and the denominations of our money ; the fixing of 
county, State and national boundaries ; the support of an 
army and of a navy ; and they are concerned also in such 
seemingly trivial matters as the shape, color and value of 
a postage-stamp and the selection of the man's face upon 
it. These rights and duties are of such importance that 
men organize powerful political parties to maintain their 
opinions, give their energies, time and money for the sup- 
port of these opinions, and seek peaceful solution of gov- 
ernmental problems by elections, or compel, the solution 



24 CIVIL GOVERNMENT. 

of them by wars and treaties. The political rights and 
duties of individuals have assumed so much importance 
in this country that they are often said to be the supreme 
interests of the citizen. But they are only one of a group 
of rights of equal interest with other rights. 

33. Social Rights. — An American citizen is also part 
of society ; he has social rights and duties. These are of 
a comprehensive character, because they affect the nation 
as a whole. Social rights and duties are concerned in the 
establishment of all kinds of schools for the benefit of the 
public ; for the reformation of criminals ; in the mainte- 
nance of asylums for the aid of the afflicted, such as the 
blind and the insane. Society is interested in the preser- 
vation of health and public comfort, public order, good 
roads and bridges, clean and passable streets, safe public 
and private buildings, the lighting of public places, the 
removal of all substances that may poison the air we 
breathe or the water we drink. These rights and duties 
are liable to be neglected, although they are commonly 
admitted to be of vast importance. The welfare of soci- 
ety is often of greater moment than the comfort of an 
individual. When the interests of the individual and 
of society conflict, the individual must yield to society 
if society insists upon the yielding. This right of soci- 
ety is called the right of eminent domain. 

The eight of eminent domain is a sovereign right exer- 
cised by a government or by a corporation, by which indi- 
vidual interests are compelled to yield to the interests of 
society, of the corporation or of the government. 

A corporation is a body of persons authorized by law 
to act or do business as a single individual. A railroad 
company, a manufacturing company, a bank, a chartered 
city, are illustrations of corporations. 

34. Religious and Moral Rights. — The citizen has also 
other rights than those enumerated : he is a child of God 
and lives in relations with him. Man naturally worships 






THE FOUR GROUPS OF RIGHTS. 25 

some being superior to himself, We have rights of con- 
science and we have moral duties. These we are per- 
mitted to exercise freely so far as they do not break the 
peace of the state. These rights and duties are concerned 
in the maintenance of religion ; the proper regard for the 
Sabbath j the reverence for sacred things and ideas; the 
support of public worship; the bettering of the world; 
the conscientious attention to the duties of life. For 
many centuries men struggled to realize the right to wor- 
ship God according to the dictates of conscience: that 
right has been and is fully realized in this country. 
Closely related to these rights and duties are those of a 
moral character which are implied in the word " ought. 1 ' 
All good government is moral in its character. 

35. These Rights often Mingle. — A right may at the 
same time be industrial, political, social, religious or moral. 
We cannot always separate a right from its companions. 
Government is concerned to protect them all. A school 
illustrates them all: it is a place of industry; here we 
learn to govern and to be governed ; it is a society, and 
has rights and duties as such ; all schools are subject to 
moral rights and duties. 

36. The Four Groups and Government. — These rights 
and duties are natural to us as human beings ; government 
is based upon them, is protected by them, and in turn pro- 
tects them. They all unite in the citizen. The government 
of a people is understood when its industrial, political, so- 
cial and religious or moral rights are understood. The 
sovereignty of an opinion and its expression in a form of 
government or in the election of a body of public servants 
represents all these rights ; hence we have come to speak 
of our political rights as representative of all our rights 
and as of supreme importance. 



CHAPTER III. 

THE STORY OF POLITICAL RIGHTS IN ENGLAND. 

37. Our German Ancestors. — About two thousand 
years ago the Roman Empire comprised the civilized 
world. It was busy conquering the barbarous nations, 
and sent its legions and its greatest soldier, Julius 
Caesar, into Northern and Western Europe to conquer 
the strange peoples who then lived in Germany and Gaul 
(France). For nearly four hundred years the struggle 
continued, but the brave Germans were never conquered 
by Rome. On the contrary, the Germans in great num- 
bers left their own wild country and marched in nations 
into Italy and seized Rome. About 500 a. d. the different 
nations of Europe, as they are now located on the map, 
took a beginning. The Germans also moved westward 
into the lands now called Denmark, Schleswig and Eng- 
land. They were so strong as largely to fix the customs, 
the laws and the language of Northern Europe to the 
present day. From Germany to England and from Eng- 
land to America has been the journey of political rights. 
These rights and duties were not formerly so plainly un- 
derstood as at the present time, for the knowledge of rights 
increases as men learn them by experience. 

38. Constitutions. — Nations like individuals learn by 
experience, and they express their knowledge of rights 
and duties in important writings which we call " constitu- 
tions." If you examine a written constitution, you observe 
that it is an instrument expressed in a formal way, and is 
divided into articles and sections. But written constitutions 
are not very old; the people of America were the first people 

26 



POLITICAL RIGHTS IN ENGLAND. 27 

in the history of the world who formally set down their 
civil institutions in a written constitution. Since our 
ancestors began to form constitutions two centuries ago, 
all highly civilized nations have learned to form them, so 
that it may be said that America has taught the world 
how to frame a written constitution. It is interesting to 
know how our ancestors in this country acquired the 
habit of expressing their ideas on political rights and 
duties in a constitution. The story is as follows: 

39. Origin of the Town and of the Township. — The 
Germans, whom even Roman legions could not conquer, 
were a brave, warlike and virtuous race. Every warrior 
was a freeman. He and his kindred lived together in a 
cluster of houses, each having a door-yard and a garden. 
Around this settlement of one kindred a hedge or ditch or 
rude, strong fence was made. The hedge was called a tun; 
it might enclose a farm or a hamlet. He who lived within 
the tun was called a tunes-man, as the dweller within the 
boundaries of the settlement is still called by us. The 
house of the tunes-man was called bur, or burgh, a dwell- 
ing, from which we get our words borough and burgess, and 
the last syllable of the names of some towns, as Pittsburgh, 
Yt&mburgh. The Northman called his strong house gardr 
or garth, whence our words garden and yard. 

40. Freemen as Landholders. — The freeman owned 
land and was the head of a family. The unit of measure 
in rights and duties is the family; this unit is found 
among savages, herdsmen, tillers of the soil and manufac- 
turing peoples. The family is a sacred institution and as 
ancient as the race itself. All the lands controlled by the 
townsmen were comprised within the tunscipe, or town- 
ship, and to this day the township remains the unit of 
measure for our political divisions. When we say " town " 
or " township," we use a name that has been used contin- 
uously for more than two thousand years for the same 
object. But government becomes more complex as men 



28 CIVIL GOVERNMENT. 

become more civilized. The townsman of to-day has 
many more political rights and duties than had the Ger- 
man tunes-man of long ago. 

41. The Parish. — When Christian missionaries came 
among the Germans a new word came also — the word 
parish. The parish marked the boundary assigned by the 
Church to the priest for the performance of duties. The 
parish was usually of equal extent with the township. 
The word itself meant the church-home, for all the people 
of a parish had the same church home. The two words, 
township and parish, continued to describe the same area 
of land, and were brought from England to America as 
expressive of two harmonious ideas. We shall discover 
that the ideas of men changed; the words soon fell far 
apart as Church and State were separated. In the south- 
ern part of the United States the term parish continues to 
mean what the term township signifies in the North, a 
civil division of the State. 

42. The Hundred. — The German townsmen often as- 
sembled together in political meetings, called gemoten, for 
the purpose of electing town officers. At these meetings 
laws were made, and our word " by-law " is said to mean 
the law made by the township, or, as it was once called in 
Northern England, the " by." The townships united for 
the convenience of administering justice comprised the 
hundred. The court of the hundred decided disputes. 
Jury trials were introduced by the slow growth of cus- 
tom. The court of the hundred was the lowest court, 
and it so continues in Germany, England and the United 
States to this day. In some of our States even the word 
hundred remains, as in Delaware ; the court of the hun- 
dred we commonly call the Justice's court. 

43. The Shire. — Several hundreds comprised a shire, 
which meant a share or part of the whole country. The 
word is still common in England. In New England the 
word is often used in conversation, but the subdivisions of 



POLITICAL BIGHTS IN ENGLAND. 20 

the States in this country are commonly called counties, a 
name that was introduced into England by the Normans, 
and which designated a military division of the realm. 
The shire had also officers and courts, the prototypes of 
our county courts and officers. 

44. The Shire-reeve. — The principal officer of the shire 
then, as now, was the shire-reeve or sheriff, signifying then 
the representative of the king's authority, and with us the 
representative of the majesty of law and the authority of 
the people. The county court was held for the trial of 
causes more important than those tried in the court of the 
hundred or of the township. It is so at the present time, 
and now, as then, the person who is summoned to attend 
court is under the special protection of the law. 

45. Our Civil Institutions very Old. — We see, then, 
that our civil institutions are very old, but the oldest are 
our local institutions, those that are right about us and 
which seem to thoughtless persons so commonplace. 
These local institutions lie at the foundation of our gov- 
ernment and of the constitutional governments of Europe. 
Although the United States is a new country, its civil in- 
stitutions are as ancient as those of England or Germany. 

46. German Conquest of Britain. — About the mid- 
dle of the fifth century the German tribes began to land 
in England. They soon made the country their own, and 
introduced German ideas and forms of local government. 
Two tribes took the lead : the Angles or Inglisc, who gave 
their name to the language, and the Saxons, who gave 
their name to the civil institutions. Our institutions are 
not strictly Anglo-Saxon, for the Americans have discov- 
ered many rights and duties for themselves such as never 
have existed in Europe. 

47. Civil Institutions Subject to Laws. — Political 
rights and duties do not discover themselves by accident; 
they are controlled by laws. These laws are based upon 
the nature of man. From time to time discoveries are 



30 CIVIL GOVEBNMENT. 

made concerning the nature of these rights and duties, 
just as discoveries are made concerning the nature of 
other natural phenomena. There is, however, one differ- 
ence to be noted : rights and duties are discovered by ex- 
perience ; the nature of natural phenomena is determined 
by experiment. Human life and its interests are too sa- 
cred to permit experiments to be made for the purpose 
of discovering rights and duties, as experiments are made in 
chemistry to determine the nature of strange compounds. 
The closer a government gets to the experience of the peo- 
ple, and the less it experiments with them, the more the 
welfare of men is promoted. Only arbitrary despots like 
the Czars of Russia ever experiment with human beings, 
A law is sometimes called an experiment, but it is based 
upon previous experience. Oftentimes people who are cor- 
rupt or ignorant oppose the increase of knowledge of polit- 
ical rights and duties. This opposition is often composed 
of masses of people led by bold men. But such opposi- 
tion to the general welfare has caused mighty struggles 
for rights, such as the wars that have devastated different 
countries at different times. We must keep in mind that 
political rights and duties are as natural to all men as eat- 
ing or sleeping ; if not subject to wise laws men become 
politically diseased and think and act foolishly and wick- 
edly, and have to suffer the consequences of their actions. 
A great law of politics is, that the possession of power is the 
possession of responsibility : in a republican government like 
our own, this responsibility rests upon every citizen, for the 
authority of the government is the will of the people of the 
United States. 

48. Freemen's Rights and Land Rights. — Anglo- 
Saxon ideas prospered in England, and in a few years 
overspread the land. In three centuries they were firmly 
rooted in the island. Land was held in two kinds of 
ownership : one, ownership by the individual ; the second, 
ownership by the public, or, as we are accustomed to say, 



POLITICAL RIGHTS IN ENGLAND. 31 

by the state. The public land was called the commons, a 
word still used in some parts of our country as the name 
of public parks or squares. There were freemen with land 
and freemen without land, but the landed freeman enjoyed 
rights not allowed to the landless man. The notion that 
land-owning gives peculiar rights politically, continues in 
England to this day, and it prevailed in some parts of the 
United States until about 1850. 

49. Growth of Cities. — Great towns grew up in Eng- 
land, and the townspeople were very active and jealous 
of their ancient rights. Time and again the kings tried 
to restrict the liberties of the towns, but the resistance of 
the towns was too great. So as time passed the people 
liked their ancient rights better and better ; they liked the 
freedom that was guaranteed by their old laws and cus- 
toms. Often they were called upon to assist the sheriff in 
the execution of the laws. One of these old customs, called 
the " Hue and cry," still continues. 

50. Hue and Cry. — If a person in the hundred or the 
shire had committed a crime, he was quickly pursued by 
those whom he had wronged or by the sheriff. If he 
could not at once be found, the hue and cry was raised, 
and all the people joined in the search until the offender 
was seized. The sheriff still has the authority to call on 
the people of the county, the "posse comitatus" as it is 
called, when he alone is unable to execute the laws. 

51. Juries and Tax-levies. — The English people liked 
the free and ancient manner of acquiring and of conveying 
land ; they liked their old custom of trying suits at law 
before a jury of twelve men, who saw the parties in the 
dispute face to face, heard the story of each party and 
decided according to the facts in the case. They liked 
also the ancient manner of levying taxes, which was to 
allow the elected representatives of the people of each 
township to levy the taxes for that township. This was 
in accordance with the rights of local government. Is it 



32 CIVIL GOVERNMENT. 

strange that the people came to speak of their rights as 
'' the ancient and undoubted rights of the people of Eng- 
land"? 

52. The Norman Conquest. — A great change came 
over England in the year 1066 : the Normans, a Franco- 
German people, conquered the island. These French- 
speaking Germans took all the land of England as a 
military tribute, and the Norman leader, William the 
Conqueror, took the title to all the land. He gave part 
of it to his nobles on condition that when he wished their 
services they would instantly come and serve him: the 
land taken in this manner by a nobleman was called a 
feud or fee, and the system thus begun was called the 
Feudal System. The feudal system still prevails in Eng- 
land, but it never prevailed in the United States. It lies, 
however, at the foundation of some of our ideas about 
land. By it the title of all the land was vested in the 
king. With us the title of land is vested in the owner of 
it, but if the owner is not the state, the title of the land 
can be traced back to the state, for the state in this coun- 
try is the lawful successor to the king. 

53. Origin of Taxes. — The personal service of the lord' 
in war was not regular, and after a time the king consented 
to take a definite sum of money instead of war-service ; the 
lords thus became taxpayers, but they collected the money 
for the taxes from the people who lived upon the land, and 
these people were the descendants of the ancient owners of 
the land. 

The king was supposed to be the real owner of the lands 
and to protect them, and, as he had given the land to the 
lords, they did not dare refuse to pay him taxes, lest he 
should take their lands away and give them to others. In 
the United States we know that if a person fails to pay 
the taxes levied by the authority of the State, the sher- 
iff will seize his land and sell it. The sheriff represents 
the people of the State by whose authority the taxes were 



POLITICAL RIGHTS IN ENGLAND. 33 

levied. In England the Norman kino; was the state, but 
he did not represent the wishes of the people. 

54. The Rising of the People against the King. — 
One by one the ancient rights of the English people were 
taken from them by the king. Landholding became inse- 
cure ; the old laws and customs were ignored ; the people 
complained, but the king would not listen. At last the 
Archbishop of Canterbury, Stephen Langton, invited some 
of the barons of England to join with him in compelling 
King John to acknowledge, and rule according to the un- 
doubted and ancient rights of the people of England. 
John refused; the king and the barons prepared for war, 
but the king's heart failed ; he had a bad cause : he con- 
sented to grant a charter of rights, by which the old laws 
and customs should be restored and the people protected 
in the exercise of their ancient rights and liberties. 

55. The Great Charter.— On the 15th of June, 1215, 
a memorable year in the story of liberty, the archbishop 
and some twenty resolute barons — statues of whom now 
support the ceiling of the House of Lords — met the king 
and his barons on a little island in the Thames, called 
Runnymede, about fifteen miles above the city of Lon- 
don. There and then the king was forced to acknow- 
ledge the ancient rights of his people in a charter called 
Magna Charta, the " Great Charter," and as the king and 
many of his barons could not write their names, they 
tied their seals to the charter with leathern strings, and 
the charter with its seals of stone may be seen in the Brit- 
ish Museum to this day. The king tried to ignore the 
charter, but the people and their barons waged war against 
him with such success that he and his successors for more 
than seven hundred years have sworn " to rule according 
to the law of the land " and support the principles of the 
charter. This promise of the king of England at his coro- 
nation is similar to the custom that prevails in the United 
States at the inauguration of a President, who takes a sol- 



POLITICAL RIGHTS IN ENGLAND. 35 

emn oath to " preserve, protect and defend the Constitution 
of the United States." 

56. The House of Commons. — But some of the kings 
broke their promises to the people. Fifty years after the 
Great Charter the people of England found another patri- 
otic leader and friend in Simon de Montfort, who seized 
the king, Henry III., and summoned the representatives 
of the people in a Parliament. The people had once been 
accustomed to choosing an assembly of their wise men, 
who had made the laws of the land, but in 1265 these 
assemblies had long fallen into disuse. De Montfort sim- 
ply restored them and gave them a French name, Parlia- 
ment, the "talking body." In this first English Parliament 
the people were again represented by two men from each 
shire and two from each borough. These representatives 
of the people soon united to form the House of Commons, 
which continues to this day as the representative council 
of the people of England. The Commons are elected by 
the Englishmen who vote. The king's council became 
the House of Lords, an hereditary body. The Lords are 
descendants of old land-barons or are men raised to the 
peerage by the king. 

57. Powers of the House of Commons. — The Com- 
mons soon showed their power to be greater than that of 
the Lords. From ancient times the representatives of the 
people of the shire had voted the taxes to be raised by the 
6hire ; the Commons therefore voted the taxes for all Eng- 
land. The existence of the army and of the navy and 
of the entire clerical force of the government depends 
upon the vote of the House of Commons. Even the 
money for the king's household is the gift of the House 
of Commons. 

58. Struggle between King" and Commons. — For 
the last five hundred years in England the king with the 
lords have been struggling against the commons. Some- 
times the House of Commons has been frightened into a 



36 CIVIL GOVERNMENT. 

brief surrender of ancient rights, but the people have 
always regained more than they seemed to lose. Eng- 
land has become more and more democratic every day. 
The struggle between king and commons reached its 
height during the time of the House of Stuart. 

59. The Petition of Right.— In 1628 the House of 
Commons wrung from the king the second charter of lib- 
erty, the Petition of Right By this charter the king gave 
up for ever all claim to the right of levying taxes ; he no 
longer could imprison a subject at will; he could not 
quarter soldiers in any house without the consent of the 
owner. But after a few years King Charles I. disregarded 
the Petition of Right. 

60. Civil War leads to the Commonwealth. — The 
king and his followers, called the royalists, made war upon 
the House of Commons. Civil war raged for about six 
years, till the king was made a prisoner, was tried by a 
jury in the great hall of William Rufus, was sentenced to 
death, and was executed, because he had attempted " to 
rule contrary to the law of the land." Then for twelve 
years the people of England had no king, but were gov- 
erned by Parliament. Oliver Cromwell, one of the great- 
est of Englishmen, became chief executive with the title 
of Lord Protector, a significant title for the chief magis- 
trate of a free people. England was a commonwealth. 
But the royalists wanted a king, and they succeeded in 
restoring a son of the beheaded king, and Charles II. 
ruled in England. Liberty had made much progress 
under the Commonwealth, and it continued to progress 
under the rule of the new king. 

61. Habeas Corpus the Security of the Citizen. — 
Although Magna Charta had said that no man should be 
imprisoned unless by the legal judgment of a jury of his 
peers, still in some instances persons sent to prison by the 
king's warrant had been kept there without help or rem- 
edy. In 1679, Parliament remedied this evil by passing 



POLITICAL BIGHTS IN ENGLAND. 3? 

the Habeas Corpus act, which prevented the king and his 
successors and all others in authority from keeping prison- 
ers in jail at pleasure. Every prisoner in England and in this 
country committed to jail on charge of any crime is enti- 
tled to have a hearing before the court in his own behalf, 
and have the charges against him examined lawfully. 
The words habeas corpus mean, "Have thou the body." 
By the exercise of this right the body of the prisoner 
must be brought before the court to answer in his own 
behalf whether he shall be returned to jail or set free by 
the judgment of the court and the law of the land. The 
act has been re-enacted in every American State, and is 
considered the most famous security of personal liberty 
known to our laws. 

62. The Bill of Rights.— Nine years later, in 1688, the 
English people by their representatives in Parliament ex- 
pelled their king, James II., brother of Charles II., because 
he persisted in attempting to rule contrary to the law of the 
land. They declared the throne vacant, and invited Will- 
iam, Prince of Orange, to take the crown, on condition that 
he would acknowledge the ancient rights of the English 
people and swear to support and defend them. That 
there might be no mistake concerning these rights, Par- 
liament drew up a statement of the principal rights long 
claimed and contended for by the people. This statement 
is the famous Bill of Rights of 1688. Prince William con- 
sented, and a member of Parliament placed the crown 
upon the new king's head as the first constitutional king 
of England. So it is truly said that since 1688 the mon- 
archs of England have their title by act of Parliament; 
that is, by the consent of the representatives of the peo- 
ple of England. 

The Bill of Rights has been called the constitution of 
England ; but that statement is not quite correct, because 
the English people have never reduced their civil institu- 
tions to writing. The British constitution consists of the 



38 CIVIL GOVERNMENT. 

law of the land, its civil institutions, and the rights and 
duties of the English people. 

63. Settlement of America. — But while the English 
people were struggling against the House of Stuart (1603- 
1688) English, Dutch and French colonies had been plant- 
ed in America. English ideas of right and duty were trans- 
planted to Virginia, 1607 ; New York, 1614 ; Massachusetts, 
1620; New Hampshire, 1623; Connecticut, 1633; Mary- 
land, 1634; Rhode Island, 1636; Delaware, 1638; North 
Carolina, 1650 ; New Jersey, 1664 ; South Carolina, 1670 ; 
Pennsylvania, 1682 ; and in 1733 to Georgia. The Dutch 
in New York and the Swedes in Delaware were too fee- 
ble to stand against the vigor of English civil institutions, 
which were introduced into these two colonies early in 
their history English ideas of rights and duties reached 
America just a thousand years after they had reached 
England. But from the time of their introduction into 
America they have lived under kindlier influences and 
have moved in a wider field, until the mighty growth 
that they have made almost prevents a ready recogni- 
tion of them in their old English form. 

64. The Experience of England Beneficial to 
America. — The long and successful struggle for rights 
in England was of incalculable advantage to America. 
The first settlers along the Atlantic coast profited from 
the experience of their fathers in England. Little was to 
be learned from the experience of any other nation of Eu- 
rope, because England was the only land of rights across 
the sea. England had become a constitutional monarchy ; 
that is, her king ruled according to the will of his people 
expressed by their representatives in Parliament. But we 
must not imagine that an Englishman of the seventeenth 
century had all the rights now enjoyed by a citizen of the 
United States, or even by a citizen of England at the pres- 
ent time. We shall discover that the rights of the citizen 
of the American States have increased rapidly in a hundred 



POLITICAL RIGHTS IN ENGLAND. 39 

years, and they are enlarging all the time as he becomes 
conscious of them and lives up to the demands of his in- 
dustrial, political, social and moral duties. Some of the 
rights denied Englishmen in 1688 were — freedom of wor- 
ship ; freedom of education ; freedom to participate in the 
government by voting ; freedom to choose a trade or occu- 
pation; freedom to work without industrial restrictions; 
freedom to own land; freedom to travel where they 
pleased; freedom to publish their opinions. 

The Englishmen who came to America during the cen- 
tury and a quarter in which the American colonies were 
founded, brought with them many ideas which would noAV 
be considered intolerant. These ideas, however, were im- 
mediately enthroned in the customs and laws of the col- 
onies. America has outgrown the limitations set upon her 
growth in early colonial days, and has become the freest 
country in the world. 



CHAPTER IV. 

THE STORY OF POLITICAL RIGHTS IN COLONIAL 
AMERICA. 

65. The Three Parts of Government. — During their 
long struggle for political rights the English people be- 
came a nation. They spoke a common speech and their 
geographical boundaries were known. The language as 
now spoken has been heard since the time of Shakespeare, 
who lived to write of America in one of the greatest of 
plays.* At the dawning of the seventeenth century an 
Englishman familiar with the character of the government 
under which he lived was accustoming himself to think 
of it in three parts: 

1. The King. 

2. The Body of Lawmakers, known as the Parliament, 
consisting of two houses — the upper house, or House of 
Lords ; the lower house, or House of Commons. 

3. The Courts of Justice. 

In the administration of government he recognized local 
self-government in the parish, and was familiar with trial 
by jury, taxation and a partial representation of the peo- 
ple in Parliament. 

* " Wherever the bright sun of heaven shall shine, 
His honor and the greatness of his name 
Shall be, and make new nations ; he shall flourish, 
And, like a mountain cedar, reach his branches 
To all the plains about him." 
(Archbishop Cranmer's Prophecy concerning King James and Vir- 
ginia, Henry VIII,, Act V.) 
40 



POLITICAL RIGHTS IN COLONIAL AMERICA. 41 

These ideas, however, were possessed only by the few; 
the mass of English people were illiterate and unconscious 
of the nature of the government. A century passed before 
such ideas as these became common among Englishmen. 

66. The King represented in his person the unity and 
the power of the nation. 

67. The House of Commons represented the ancient 
rights of the people of England, and was in sympathy 
with the principles of democracy. 

68. The House of Lords represented the hereditary 
rights of the landed aristocracy and feudal nobility, and 
was in sympathy with the principles of monarchy. 

69. The Courts of Law. — The judges were appointed 
by the king and represented him in judgment; he was 
and is now considered to be ever present in his courts. 
The judges had great influence in forming the law of the 
land by their decisions in suits at law. These decisions 
were recorded in reports, and became the precedents for 
the decisions of later judges both in England and in 
America. 

Many of the first settlers in America were learned men, 
and they brought with them the ideas prevailing among 
advanced English political thinkers. They had an idea 
that a government should consist of three departments, 
but, as we shall see, the departments were not distinct 
from each other. Both the Virginia and the Puritan col- 
onists brought with them a plan of government. 

70. The Virginia Idea of Government. — The Vir- 
ginia colonists of 1607 were fortune-hunters. They con- 
sisted of freemen and indented servants, a class of poor 
white people bound to labor for a term of years. The 
plantation became the unit of measure in civil affairs. 
Only freemen, and those indented servants who became 
freemen, could vote. Slavery was introduced in 1619, 
and gradually spread over the entire South. In the sum- 
mer of that year the governor of the colony called a gen- 



42 CIVIL GOVERNMENT. 

eral assembly, consisting of his council as an upper house, 
and two burgesses from each plantation as a lower house. 
This was the first legislative assembly that met in Amer- 
ica, and was in session five days. It passed a few simple 
laws of local importance, but it was of great importance 
itself as the first of legislative assemblies which from that 
day to the present have been chosen by the people of 
America. It was the beginning in America of the recog- 
nition of that primary political right in this country, that 
any citizen of a free community may initiate a law. This right 
is the fundamental right in American civil government. 
It was the essential part of the Virginia idea of govern- 
ment. 

This General Assembly, called the House of Burgesses, 
together with the governor, sat as a court for the trial of 
causes, after the precedent of the British Parliament. 
Thus, the Virginians early instituted a tripartite govern- 
ment: an executive, the governor; a legislative, the as- 
sembly ; and a judicial, the assembly and governor sit- 
ting as a court. This assembly was sometimes called 
"the Little Parliament." 

71. Parishes. — Early in its history the colony was 
divided into parishes; the plantations extended irregu- 
larly along the rivers, and the parishes were formed to 
suit the convenience of the people in attending church. 

72. Counties. — In 1634, Virginia was divided into coun- 
ties : no system of public survey was followed, and these 
counties were formed by uniting, for common convenience, 
a number of adjoining plantations. The plantation was 
part both of a township and of a parish, and the interests 
of Church and of State were confused. 

73. The Five Jurisdictions. — The Virginia planter in 
1640 lived under five jurisdictions : 

1. The Township, political, industrial, social, moral ; 

2. The Parish, or church organization supported by the 
plantations ; 






POLITICAL RIGHTS IN COLONIAL AMERICA. 43 

3. The County, political, industrial, social, moral; 

4. Colonial, the General Assembly; 

5. National, the King and Parliament of England. 

74. Civil Life. — The planter paid tithes to the church 
of his parish ; he paid taxes for township and county pur- 
poses ; he sent his tobacco and some other raw products to 
England and received manufactured articles in return ; he 
was not allowed to trade with any other than British mer- 
chants. 

75. The Planter. — Only a few of the colonists partici- 
pated in local government by voting for local officers or 
for members of the House of Burgesses. An elector was 
a freeman who owned land, who belonged to the Church 
of England, and paid tithes to the Church and taxes to 
the State. The government of Virginia continued to 
preserve these essential features until the American 
Revolution. 

76. Maryland. — The governments of the remaining 
Southern colonies were like that of Virginia. The king 
granted a charter to a company of English gentlemen 
authorizing them to organize a colony with one of their 
number as governor. The governor appointed a council ; 
sometimes there was a double government — the original 
government in England, composed of the company, and 
the government in America, composed of the agents of the 
company. The freemen in the colony were usually allowed 
to choose representatives who composed the lower house 
of the colonial assembly. In Maryland, at an early day, 
all the freemen actually came together and formed a gen- 
eral assembly, but soon the assembly became unwieldy 
and local government was carried on in the hundreds, 
each hundred choosing a representative burgess for the 
general assembly. Maryland had a lord proprietor, who 
for a long time was accustomed to summon by special writ 
any persons whom he chose to his own council, just as the 
king of England may summon whom he pleases to the 



44 CIVIL GOVERNMENT. 

House of Lords. In this manner the proprietor filled the 
assembly with his personal friends and made laws at his 
pleasure. The hundreds joined to form counties. In the 
counties nearly all the officers were appointed by the pro- 
prietor. As in Pennsylvania, his power was hereditary, 
and often contrary to the wishes of the people. After 
1692 the Church of England was established by law, and 
the people of the colony had fewer privileges than those 
of Virginia. 

77. "North Carolina. — In North Carolina were parishes, 
plantations, and counties as in Virginia. The governor was 
appointed by the king. The governor appointed six of his 
council, and the company controlling the colony appointed 
six more ; the freeholders elected an assembly. Probably 
North Carolina was the worst governed colony in English 
America. In 1677 the governor attempted to levy taxes 
much in the same manner pursued by Charles I. of Eng- 
land. The people seized and imprisoned the governor, 
and made a new and more democratic form of government 
for themselves. In 1688 they drove away another bad 
governor, when England drove away a bad king. The 
people of North Carolina constantly struggled for their 
rights, and gladly joined in the Revolution of 1776. 

78. South Carolina. — For South Carolina the English 
proprietors adopted the most curious and absurd plan of 
government ever tried in America. It was known as " The 
Grand Model," and was prepared by the celebrated John 
Locke, but it does not contain Locke's three principles of 
government: (1) That the people have the right to take 
away the power given by them to the ruler ; (2) that the 
ruler is responsible to the people for the trust reposed 
in him; (3) that legislative assembles are supreme in 
their power, because they represent the supremacy of the 
people. 

The people were to be known as leetmen, and they were 
to be tenants on the lands of lords of various rank. These 



POLITICAL RIGHTS IN COLONIAL AMERICA. 45 

ranks were of palatines, admirals, chamberlains, chancel- 
lors, constables, chief-justices, high-stewards and treasu- 
rers, and the land was to be divided into counties, seign- 
ories, baronies and precincts. All the land was to be 
owned by the nobility, who composed two classes, the 
landgraves and the caciques. The children of noblemen 
should be noblemen and own land ; the children of leet- 
men should be leetmen and should be landless. One high 
officer was to regulate all sports, games and fashions ; there 
was to be a house of lords and a house of commons. A 
member of the house of commons was to possess five hun- 
dred acres of land, and was to be elected by freeholders 
having fifty acres each. This elaborate government seems 
the more absurd to us when we reflect that it was intended 
for a company of immigrants living in the wildest of woods. 
It was a failure, but we find some remnants of it in the 
government of South Carolina organized in 1776. Only 
one idea in Locke's government has ever been incorporated 
into the government of the people of the United States : 
the division of the land into squares of one thousand acres 
each, a division proposed and followed for a short time in 
the United States surveys, but soon modified to the section 
of six hundred and forty acres, one mile square, as the unit 
of all public surveys. 

South Carolina was soon freed from this plan of gov- 
ernment and became a colony similar to that of Virginia. 
Church and State were united, and the poor man had no 
part in civil affairs. This curious plan of government 
illustrates the utter ignorance of political leaders in Eng- 
land concerning America. Both in North and in South 
Carolina the people wearied of the proprietary govern- 
ments. The proprietors were aristocratic and tyrannical, 
and the people were so hostile to them that in 1719 the 
proprietors were compelled to surrender their grant to the 
king, who appointed a rrovernor. The royal governor ap- 
pointed his own council ; the freemen, who were qualified 



46 CIVIL GOVERNMENT. 

by the possession of property to a certain amount and of 
religious ideas of a certain kind, were electors of the lower 
house of the colonial assembly. The governor and his 
council composed the highest court in the colony. This 
form of civil government continued until the Revolution- 
ary War. The Carolinas were separated in 1729. 

79. Georgia was founded as a home for poor English 
debtors. All power was vested for twenty-one years in 
English trustees who never saw the colony, yet who per- 
sisted in making laws for it. They failed in their efforts. 
The colonists ran away into Virginia and the Carolinas. 
They complained because they could not acquire land in 
their own right in Georgia, because they were not allowed 
to have negro slaves, and because they had no part in the 
government of the colony. At last, in 1752, the trustees 
surrendered the charter to the king and a government 
similar to that of Virginia was framed. 

80. General Character of the Southern Colonies. 
— All of the Southern colonies were at first weak settle- 
ments venturing into the Atlantic wilderness for the sake 
of acquiring wealth. Several of them — namely, Virginia, 
North Carolina and South Carolina — were organized in 
England as great schemes or monopolies. The English 
proprietors expected to acquire great wealth. The people 
whom they first sent to America were not equal to those 
who came later. The substantial character of the South- 
ern colonists at the time of the American Revolution did 
not distinguish these first adventurers. But in the early 
history of each colony came men and women of high cha- 
racter who soon made that character felt. The colonists 
threw off the absurd conditions set by the ignorant pro- 
prietors and compelled them to grant the rights of Eng- 
lishmen. The people were wiser than the politicians of 
England. The tendency of government in the Southern 
colonies was rapidly toward democracy. By 1776, Afri- 
can slavery was firmly established in Maryland, Virginia, 



POLITICAL RIGHTS IN COLONIAL AMERICA. 47 

Delaware. North Carolina, South Carolina and Georgia. 
Church and State were united. The few voters in the 
South were land-owners and Churchmen. The slaves and 
the poor whites, who took no part in the government, com- 
prised four-fifths of the population. The political, indus- 
trial and religious rights of the majority of the population 
were seriously restricted, not only by the English govern- 
ment and its colonial agents, but by the general ignorance 
of the people themselves. Between the royal government 
and the people of the colonies existed constant ill-feeling. 
The people chafed under arbitrary restraints. Rebellions 
frequently broke out. In 1676, Nathaniel Bacon, a young 
planter, raised soldiers among the settlers and began a war 
of defence on behalf of the people of Virginia against Gov- 
ernor Berkeley. Bacon died and many of his followers 
were cruelly put to death. As time passed, all the offices 
in each colony fell into the hands of a few leading families, 
who continued to hold them until long after the Revolu- 
tion of 1776. The poor man had no part in the govern- 
ment except to pay his taxes promptly. The clergy, the 
lawyers, the physicians, the judges, the sheriffs, the mem- 
bers of council and of assembly, and the tax-gatherers were 
a class quite distinct from the mass of the people ; they 
comprised an official class now quite unknown. The char- 
acter of the colonies was English rather than American. 

81. The Massachusetts Idea of Government. — The 
ideas brought by the English into the Northern colonies 
were not essentially different from those that prevailed in 
the South. The Puritans sought freedom of religion, but 
bore with them the political institutions and opinions 
characteristic of the England of the seventeenth century. 
The Puritans were a body of emigrating Church people 
having religious opinions held in unfriendly light by the 
British government, They formed a joint-stock company 
with some London merchants who expected great riches 
from the new adventure. This expectation, like others of 



48 CIVIL GOVERNMENT. 

its kind, was never realized. The New England colonists 
had no charter directly from the king ; they intended to 
settle in Virginia, but an error in navigation brought them 
to Plymouth, which lay outside the charter boundaries of 
Virginia. While yet on the Mayflower they signed an 
agreement or covenant written by themselves by which 
they agreed " to combine together into a civil body pol- 
itic " " to enact, constitute and frame such just and equal 
laws .... from time to time as shall be thought most con- 
venient for the general good of the colony." To these laws 
all promised due submission and obedience. They were a 
small band of men in a vast wilderness, and their action 
shows us the natural tendency of men of Anglo-Saxon 
blood to form a government when left to themselves. 

Daniel Boone and his friends in Kentucky, the Scotch 
refugees in Tennessee, and the miners and merchants of 
California, at the time when these States began, were com- 
pelled for the protection of life, liberty, property and soci- 
ety itself to organize civil government. 

82. Virginia and Massachusetts Compared. — We 
have seen that the political unit in Virginia and through- 
out the Southern colonies was the parish or the plantation. 
The same unit started in New England under the name 
parish or township. The term " parish " prevailed in the 
South because the Church of England was there united 
inseparably with political affairs. The New England col- 
onists were dissenters from the Church of England, and 
they preferred the name " township," to which they were 
accustomed in England, to the name parish, which sug- 
gested to them intolerant religious opinions. The town- 
ship came to be called the town — an early evidence of the 
tendency in Northern America to abbreviate political and 
other terms. The two names of our simplest political unit 
continue to this day in America in the latitudes where they 
were first introduced. 

83. Church and State United in New England. — 



50 CIVIL GOVERNMENT. 

Although the New England colonists were dissenters from 
the English Church, they proceeded to unite their Church 
and their State in the township. The male church-mem- 
bers were the town electors. 

84 The Town's Mind.— Each congregation and each 
town'was independent. The town's mind was frequently 
ascertained by the vote of the freemen in town-meeting. 
Each freeman, as in Virginia, was a land-owner and a 
church-member. Each town annually or semi-annually 
chose a moderator, three or more selectmen, a treasurer, 
a coroner, a town clerk, a constable and a tax-gatherer. 
The town also elected a representative to attend the Gen- 
eral Court or assembly of representatives from all the 
towns This House of Assembly, or General Court, as it 
long continued to be called in Massachusetts, made the 
general laws for the colony. The freemen also elected a 
governor once a year. The towns chose justices of the 
peace, and sometimes the judges, but usually the judges 
were appointed by the governor with the consent of the 

^et^of Massachusetts, like their brethren £> Vir- 
ginia, lived under five jurisdictions (see H 1J, p. j : 
1 The Town, corresponding to the township of Virginia 

2. The Church Congregation, corresponding to the parish 

in Virginia; 

3. The County, as in Virginia; 

4. The General Court, corresponding to the General As- 
sembly in Virginia ; . . 

5 The King and Parliament of England, as in Virginia. 

Thus the Episcopalian planter of Virginia and the Con- 
gregationalist farmer of Massachusetts, although they did 
not agree in their ideas of government, lived under the 
same kinds of jurisdictions. But they did not see h s 
similarity as plainly as we see it now; they had little 
opportunity for exchanging political views. 

85, Further Comparisons.-The General Court of 



POLITICAL SIGHTS AV COLONIAL AMERICA. 51 

Massachusetts was further like the "Little Parliament" 
of \ irgima in having two houses, sitting apart In Vir- 
ginia and throughout the South the governor, appointed 
by the king, chose, the members of the upper house, and 
the electors chose the members of the lower house. In 
Massachusetts the freemen chose the governor and the 
members of both houses. The npper house was com- 
posed of the deputy governor and the assistants or coun- 
cil ot the governor representing the districts: the lower 
house represented the towns. In the South a popular 
election was usually ** voce> but in New E ^ " 
1634 the paper ballot came into common use. But the 
people of .New England could not all vote. In Massachu- 
setts, Connecticut and New Hampshire the voting franchise 
was restricted to men who were members of church or- 
ganizations that were approved by the town magistrates 
and by the elders of the parent church. 

Thus we see that in New England civil government 
came directly from the people; in the South, governmen 
had two sources-the people and the king 

86. Rhode Island.-In Rhode Island alone, of all the 
American colonies existed perfect freedom of religion 

2 IS; ^° de , ISknd WM S ^y -ticisel by 
the people of the other colonies as very dangerous. Every 
man in Rhode Island who was the head of a family wis 
a member of the General Court of the colony. Such a 
evereTr! •*"! * ?T f em ^> and the only one that 

s tt ed £ T I"™* AS Rh ° de Mand b " ****! 
settled the people organized a representative government 

X^SK^ ^•~-«'--^ 

We'd? 11116 ,? 10 "*-" 111 1639 the pe °P le of Connecticut 
M?L 7 r TT n constltution - *e first in America. In 
1662, Charles II. granted them a charter, allowing them to 

*Se. U22, p. 17. 



52 CIVIL GOVERNMENT. 

elect all the officers of their colonial government after the 
custom they had already established. The governments 
organized under these charters were so satisfactory to the 
people of Rhode Island and Connecticut that Connecticut 
continued under hers until 1818, and Rhode Island until 
1842. Massachusetts had received a charter in 1629, 
which was supplanted by a new one fifty -two years later. 
The new charter took away from the people the right to 
elect their own governor, who was to be appointed by the 
king. The remaining features of the old government were 
continued under the royal governors until the Revolution. 

88. New Hampshire was the only New England col- 
ony governed directly by the king. Its people were few 
in number, but they did not like the royal government. 
Twice the colony joined Massachusetts in order to enjoy a 
charter government, and twice the king separated the two 
colonies. The government was closely modelled after the 
Massachusetts form. 

89. Vermont was claimed both by New Hampshire 
and by New York. The people of the colony wished to 
be independent of both. They organized a government 
like that of Massachusetts. All through the Revolution- 
ary War, Vermont maintained a separate government, and 
was the first State to join the original thirteen. 

90. New England Industrial Rights. — Parliament 
passed many acts injurious to the industrial interests and 
rights of New England. The people complained, but to no 
purpose. Parliamentary restriction of industrial rights was 
the principal cause of the American Revolution. The New 
England colonies were more accustomed to self-government 
than were the colonies of the South — a difference largely due 
to the independent notions held by New England people on 
all subjects. This independence was fostered by education 
in the schools and by the education which the people re- 
ceived in their churches. The clergymen in the South 
were of the English Church, and usually taught the doc- 



POLITICAL RIGHTS IN COLONIAL AMERICA. 53 

trine of conformity to royal commands and parliamentary 
enactments even when these were injurious to colonial 
interests. There were many other causes leading to the 
feelings and expressions of independence common to New 
England. One of these was the habit of New England 
people of working with their own hands ; labor was hon- 
orable as well as necessary. The fundamental character 
of the citizen of New England was his respect for honor= 
able work. He was an industrial as well as a political 
being. Slavery did not prosper in New England, although 
it was introduced there. Vermont alone of all the Amer- 
ican colonies had no slaves during its entire history. But 
king and parliament opposed the idea that the New Eng- 
land colonies should in any way govern themselves. This 
ill-feeling increased rapidly toward the close of the eight- 
eenth centun', and was a prominent cause of the Revolu- 
tion. The New England people, however, were quite as 
intolerant as many of the people of the South. They 
refused Roman Catholics the rights of freemen; they 
restricted those rights to church-members of their own 
peculiar faith; they even persecuted men and women of 
opinions different from their own. But after a century of 
experience they began to see that the rights of men and 
women were not to be construed according to the notions 
of New England people. By the time the French and 
Indian War was over the people of New England had 
become more liberal in their views. The Declaration of 
Independence was written by Thomas Jefferson of Vir- 
ginia, but it was defended by John Adams of Massachu- 
setts. The two colonies and their people were learning 
the lessons of political wisdom in the same school — 
American experience. 

91. New York. — In New York the Dutch West India 
Company began a settlement along the Hudson River, but 
the province soon came under English control. The only 
permanent political effect of the Dutch settlement was the 



54 CIVIL GOVERNMENT. 

creation of several vast landed estates along the Hudson 
and the Mohawk rivers, which caused some anti-rent trou- 
bles in the first half of the nineteenth century. New York 
was largely settled from New England, and was the first 
colony to illustrate the law of population in this country, 
that the people of the East have become the people of the 
West — a great social fact of government. New York was 
destined to lead all the American States in this westward 
movement. The laws of New York were modelled after 
those of New England. The town became the political 
unit. The freemen of the town chose the overseers and 
the other officers of the town. The overseers made local 
laws. The parish had no political significance in New 
York, as it had in Virginia and in Massachusetts. Indus- 
trial and commercial interests early directed the customs 
and the laws of the province. The harbor of New York 
has received the opinions as well as the commerce of the 
world. The tripartite government was familiar to the 
experience of the colony, and with the exception of the 
union of Church and State the civil affairs of New York 
were modelled after the already established jurisdictions 
to which the people of Massachusetts and of Virginia were 
subject. The royal governor, the two houses of assembly, 
the appointed courts of justice, distinguish the colony but 
slightly from the Northern or from the Southern type. 
Industrial prosperity from its earliest history caused New 
York to organize a compact and self-sustaining colonial 
life, which had the effect almost of independence, if not 
of separation from the remaining colonies. But the peo- 
ple of the colony were always accustomed to choose their 
local officers and the members of their lower house of 
assembly. There was up to the Revolution an increasing 
dissatisfaction in New York with the policy of England in 
attempting to restrict the industrial rights of the colonies. 
92. Pennsylvania was a proprietary government with 
a legislative assembly elected by the people. An execu- 



POLITICAL RIGHTS IN COLONIAL AMERICA. 55 

tive council to assist the governor was also elected, but 
it did not constitute an upper house as in Virginia. This 
colony was the only one in America in which the system 
of having two legislative houses did not prevail. The 
electors and the officers of the province from 1703 until 
1776 were required to profess their belief in certain relig- 
ious doctrines and to possess property and pay taxes. The 
people found the proprietary government burdensome, and 
gladly joined in the Revolution. The system of local gov- 
ernment that gradually grew up in Pennsylvania continues 
in substance to the present day. The township became the 
unit of measure ; the county entrusted its interests to three 
commissioners ; the assembly passed local laws. Pennsyl- 
vania was little influenced by New England. It stood geo- 
graphically and politically between the independence and 
industry of New England, and the ideas growing out of the 
union of Church and State, and the system of slavery pre- 
vailing in the South. In Pennsylvania labor was honor- 
able, slavery was legal, and the spirit of independence was 
slow but strong. Like New York, the material interests 
developed very early, and gave to the colony an industrial 
character which as a State it has long maintained. 

93. Delaware and New Jersey became royal prov- 
inces with a government similar to that of New York. 
Electors were required to be land-owners and to profess 
certain religious doctrines. The people became dissatis- 
fied with the restrictions upon their rights, and were 
among the first of the colonies to advocate revolutionary 
measures. The interests of New York, New Jersey, Penn- 
sylvania and Delaware were industrially sufficiently alike 
to group these colonies together, and they assumed a char- 
acter peculiar to themselves. The parish was distinctly 
felt as a social and political force in the South ; the town- 
ship was so felt in New England. But in the Middle col- 
onies the rural character of Southern life and the marine 
interests that almost dominated New England life had no 



56 CIVIL GOVERNMENT. 

corresponding element, unless it be found in the small 
towns and cities which gave to the strong colonies of New 
York and Pennsylvania municipal interests and municipal 
rights and activities unknown elsewhere in America. The 
cities of Boston and Philadelphia early became centres of 
political influence. These two cities and the city of New 
York bore the same part in American history that many 
years before had been borne by London, York and Bristol 
in the history of English liberty. Thus it came about that 
the primary interests of New England came to be recog- 
nized as marine ; those of the Middle colonies as munici- 
pal; and those of the Southern colonies as of the plan- 
tation and almost feudal in character. 

94. General Condition of the Colonies. — In the 
middle of the eighteenth century the population of all 
the colonies was about 1,260,000, of whom one-fifth were 
slaves. Of this population, about 400,000 were white 
men of twenty-one years or over, but the actual voting 
population was not more than 100,000. The remaining 
white men were denied the right to vote on account of 
poverty — i. e. not having real or personal property to a 
certain amount fixed in each colony by law — or on ac- 
count of their religious opinions. The people inhabited 
a narrow band of territory, about one degree in width, 
parallel with the sinuous Atlantic coast, extending from 
Portland in Maine to Savannah in Georgia. A few hardy 
men had ventured over the Alieghanies in the Northern 
colonies toward Pittsburgh, and in the Southern into 
Kentucky. Civil institutions were not defined with the 
accuracy to which the people became accustomed about 
the time of the Revolution. War for national independ- 
ence teaches many profound political lessons, and the peo- 
ple of the colonies learned by experience the gradually 
unfolding nature of their rights. The political rights of 
freemen then would not satisfy a freeman now. The 
qualifications for being a voter then were not sufficient 



POLITICAL RIGHTS IN COLONIAL AMERICA. 57 

for being assemblyman, sheriff, councillor, or judge. Such 
offices were held by men possessing more real property 
than the elector was required to own. If an officer of the 
colony lost his property, he could no longer perform the 
duties of his office, but was succeeded by a person duly 
qualified. All the colonial governments were in the hands 
of a few wealthy families. 

95. English Restrictive Measures. — Nature was 
bountiful and the people prospered. Life was far easier 
than in England. But year by year the colonists felt more 
keenly the burden of parliamentary restriction on Amer- 
ican industry. England derived much wealth from her 
American trade, compelled it to seek British ports, and 
viewed with increasing alarm the material prosperity of 
the colonists. The British government created a depart- 
ment for the management of American affairs called " The 
Board of Trade and Plantations." This board was arbi- 
trary and ignorant of the true condition of America. It 
influenced Parliament to pass many restrictive measures 
on trade. The Americans complained in vain. Then the 
laws were evaded, and smuggling became a dangerous but 
profitable occupation in New England. The Americans 
took more interest in amassing wealth than in politics. 
But industrial and political rights are inseparably con- 
nected, and it was only when England denied them in- 
dustrial rights that they thought of separation and inde- 
pendence. Restriction on colonial trade was one of the 
chief causes of the American Revolution. 

96. Slavery was common, prevailing in every colony 
except Vermont. In the Northern colonies it did not 
prosper on account of the climate, the soil and the pre- 
vailing views concerning labor. But the ships of New 
England carried African slaves into Southern ports. 
Many people North and South said that human slavery 
was wrong, and believed that in time slavery would die 
out in America. Georgia and the Carolinas alone found 



58 CIVIL GOVERNMENT. 

slavery profitable ; these colonies raised rice, indigo and 
a few other tropical productions. But in a few years 
a single Asiatic plant and a single American inven- 
tion caused a revolution in public opinion concerning 
slavery: it became, as many held, a necessary condition 
of society in America. The rights of man were not so 
well understood as the value of cotton and the cotton- 
gin. 

97. England Taught the Colonies Political Les- 
sons. — America during the colonial period was learning 
the principles of government by actual experience. Eng- 
land taught America these principles, but America has 
discovered much for herself concerning the nature of free 
government and democracy, and has in turn taught Eng- 
land many useful lessons. The old Germanic ideas were 
brought to America and nourished in the virgin soil. 
The colonies were three thousand miles from England — 
a greater distance then, practically, than the circumference 
ot the earth is now. The great lessons of colonial times were 
the tripartite division of government and its democratic charac- 
ter. The tendency of all civilized governments in modern 
times is toward democracy ruling by representation. This 
idea was common in all the colonies. 

98. Independence Achieved. — One hundred and 
sixty-nine years after the settlement at Jamestown the 
American colonies separated from England, and assumed 
" among the nations of the earth the separate and equal 
station to which the laws of nature and of nature's God 
entitled them." 

99. The New Nation. — The people of the colonies dif- 
fered among themselves in language, in customs and in 
laws, but the foundations of civil organization among 
them were common, strong and abiding. These founda- 
tions were — 

1. A country abounding in inexhaustible resources of all 
kinds, having every variety of climate and soil, and access- 



POLITICAL RIGHTS IN COLONIAL AMERICA. 59 

ible by means of water-routes from the Atlantic on the 
east and from the Mississippi on the west. 

2. A people industrious, virtuous, intelligent, inventive, 
practical, capable of enduring hardships and accustomed 
to triumphing over them, and, above all, learning to gov- 
ern themselves. 

3. A political organization — 

1. Townships or parishes; 

2. Counties; 

3. Colonies becoming defined States. 

100. The Political Organization. — This comprised — 
1. Local officers elected by the freemen in parish, township, 
and usually in county. 

2. A State Legislature consisting of two houses : 

The Lower House, elected by the freemen, representing 
the people, and having exclusive right to levy taxes and 
vote appropriations. 

The Upper House, consisting in some States of members 
chosen by the electors, but of the governor or deputy gov- 
ernor and a council appointed by the governor in the 
majority of the States. 

3. A governor elected by the people and responsible to 
them. 

4. Freemen, relatively few in number, required to possess 
land or personal property of a value fixed by law, to sub- 
scribe to certain religious doctrines and to pay tithes to 
the Church and taxes to the State. 

On this broad foundation of industrial, political, social 
and moral rights the Revolutionary War was based, and 
the people of the United States became a free and inde- 
pendent nation. 

" Some differences," said Daniel Webster* " may doubt- 
less be traced at this day between the descendants of the 
early colonists of Virginia and those of New England, 

* Bunker Hill Monument Oration, 1843. 



60 CIVIL GOVERNMENT. 

owing to the different influences and different circum- 
stances under which the respective settlements were 
made; but only enough to create a pleasing variety in 
the midst of a general family resemblance. But the 
habits, sentiments and objects of both soon became mod- 
ified by local causes, growing out of their condition in the 
New World ; and as this condition was essentially alike in 
both, and as both at once adopted the same general rules 
and principles of English jurisprudence, and became ac- 
customed to the authority of representative bodies, these 
differences gradually diminished. They disappeared by 
the progress of time and the influence of intercourse. 
The necessity of some degree of union and co-operation 
to defend themselves against the savage tribes tended to 
excite in them mutual respect and regard. They fought 
together in the wars against France. The great and com- 
mon cause of the Revolution bound them to one another 
by new links of brotherhood ; and at length the present 
constitution of government united them happily and glo- 
riously to form the great republic of the world, and bound 
up their interests and fortunes, till the whole earth sees 
that there is now for them in present possession as well as 
in future hope but ' One Country, One Constitution, and 
One Destiny.'" 



CHAPTER V. 

THE AMERICAN CONSTITUTIONS. 

101. The First Congress. — The causes which led to 
the American Revolution are set forth in the Declaration 
of Independence. On the oth of September, 1774, the first 
Congress assembled at Philadelphia. Its delegates were 
appointed by the lower house of the colonial legislatures 
or chosen by popular conventions. This Congress organ- 
ized a revolutionary government, and based its authority 
directly upon the people as a nation. All of its acts were 
of a national character. It forbade the importation or 
exportation of merchandise to and from England, and it 
passed a Bill of Rights very much like the famous Eng- 
lish bill of 1688. 

102. The Second Congress.— On May 10, 1775, the 
second Congress met; the majority of its members were 
chosen by conventions directly elected by the people. It 
took into consideration the whole nation ; it organized an 
army and navy ; adopted a monetary system or Treasury 
Department; established a Post-office Department; and 
issued the Declaration of Independence. 

103. State Constitutions Recommended. — On the 
10th of May, 1776, Congress recommended each colony to 
organize a State government, or, in the quaint and express- 
ive language of the recommendation, " to take up civil 
government." Eleven colonies proceeded to do this by 
framing their fir<t State constitutions. Rhode Island and 
Connecticut continued under their old charters, for they 
thought their long-established free government sufficient 
for their wants. 

61 



THE AMERICAN CONSTITUTIONS. 63 

104. The Declaration of Independence and the 
Articles of Confederation. — On the 11th of June, Con- 
gress chose two committees to prepare two important acts 
— the Declaration of Independence and the Articles of 
Confederation and of Perpetual Union. The Declaration 
was published July 4, 1776 ; it was the expression of ideas 
and opinions held by thoughtful Americans from Maine to 
Georgia, and was quickly written and unanimously adopt- 
ed. It is the enduring fame of Thomas Jefferson that he 
caught the spirit of the people and expressed their wishes 
so perfectly in this famous state paper. The Declaration 
is admired for its sentiments, its language, its orderly 
arrangement, and its humanity. It is the one state paper 
most frequently quoted among civilized nations, and ranks 
in the history of the Anglo-Saxon race with the Great 
Charter of 1215. 

Four days after their appointment the members of the 
other committee reported the Articles of Confederation 
and Perpetual Union, but nearly five years passed before 
they were adopted. Massachusetts, Rhode Island, Con- 
necticut, New York, Pennsylvania, Virginia and South 
Carolina ratified them July 9, 1778; North Carolina, July 
21, 1778; Georgia, July 24, 1778; New Jersey, November 
26, 1778; Delaware, February 22, 1779; and Maryland, 
March 1, 1781. 

105. The Revolutionary Government. — All agreed 
in the Declaration; few agreed concerning the Articles. 
The States were strangers to each other, jealous, and hard 
pressed by the ravages of war. The new government was 
provisional and revolutionary, and struggled along as well 
as it could. But when the States had ratified the Articles 
the government was no better, no stronger. It has been 
described as bad from beginning to end. 

106. Character of the Confederation. — The Con- 
gress of the Confederation consisted of one legislative 
body instead of two, with which the people were more 



64 CIVIL GOVERNMENT. 

familiar in their State governments. It was presided 
over by a president annually elected by the members 
from among their own number. Each State might send 
not less than two nor more than seven delegates, chosen 
yearly, and no member could serve more than three years 
out of six. There were only thirteen votes in Congress, 
as all voting was by States. Measures of highest import- 
ance required the unanimous consent of all the States;, 
less important measures could be framed by nine States ; 
but ordinary legislation was usually controlled by five 01 
six votes. The Congress ivas, in fact, a committee of the States. 

107. Powers of Congress. — The real powers of Con- 
gress were few. It could declare war, make peace, issue 
bills of credit, maintain an army and navy, borrow 
money, make treaties of commerce and alliance with for- 
eign nations, and settle disputes between the States. 

But it had no power to enforce a single act that it might 
pass. It could not levy taxes nor collect a revenue. Its 
authority was nominal; it depended upon the States for 
its revenue and for the execution of its recommendations. 

108. How the People regarded Congress. — In order 
to change or amend the Articles the unanimous consent 
of the States was necessary, and this consent was never 
obtained. It followed that the States outranked the Con- 
federation in the estimation of the people. The States 
toward the close of the war quite ignored Congress, and 
contemptuous expressions regarding it became common. 
Any government in contempt is dying. 

109. State Supremacy. — As the Confederation had 
no power to compel individuals to obey its laws, the States 
paid no attention to its requests, and acted as independent 
nations rather than co-ordinate parts of a great nation. 
America was a country of thirteen little governments 
having a central committee under contempt. 

110. The Apathy of the People Increases. — After 
the war people took less interest in the Confederation, and 



THE AMERICAN CONSTITUTIONS. 65 

a larger interest in their own several States, than before. 
Able men declined election to Congress, preferring to hold 
office in their own State. One State passed laws injurious 
to another. Europe looked upon America as the country 
with fourteen republics about to make war upon each 
other. England would not make a trade-treaty with the 
United States, and, as there were no factories in America^ 
British goods in vast quantities came over and American 
coin was shipped to England in payment. America had 
no credit abroad, and bills of exchange and other transfers 
of credit were unknown ; the actual coin was shipped away. 

The country was stripped of money, and the people be- 
gan to complain of industrial depression and hard times. 
The coin in circulation consisted of odd pieces from every 
European country, with some new American pieces made 
from other coins. 

111. Paper Money. — The United States and the sev- 
eral States, having no coin, began to issue paper money. 
By the Articles the States had no authority to issue bills 
of credit, but Congress could not restrain the States. The 
paper money was rudely printed and easily and success- 
fully counterfeited. It was printed in such immense 
quantities that it had but little value. A barrel of flour 
cost 81575 ; John Adams paid $2000 for a suit of clothes .* 

* As an illustration of the worthlessness of paper money in 1781, the 
following copy of an original bill of that year made in Philadelphia is 
interesting : 

Col. A. McLane Bo't of W. Nicot.l, 

1 pair boots $600.00 

6 3-4ths yds. calico at $85 per yd 573.75 

6 yds. chintz at $150 per yd 900.00 

4 l-2hlf yds. moreen at $100 450.00 

4 handkerchiefs at $100 400.00 

8 yds. quality binding at $4 32.00 

1 skein of silk 10.00 

$2,965.75 
If paid in specie, £18 10*. 
6 



66 CIVIL GOVERNMENT. 

Congress asked the States to cease printing paper money 
and give the exclusive right of doing so to the Confedera- 
tion. The States refused. 

112. Effect of Bad Money. — Bad money bred bad 
debts and bad laws. Open rebellion raged in Massachu- 
setts on account of the evils incident to paper money and 
a ruined commerce. Congress issued paper money called 
Continentals, but it was of less value than the paper 
money issued by the States, because the Confederation 
had no property as security for its issues.* The indus- 
trial condition of the country seemed hopeless. At last, 
as a relief, Congress asked the States to amend the Articles 
of Confederation so as to authorize Congress to tax the 
nation, collect a national revenue, and expend it in pay- 
ing the principal and the interest of the public debt cre- 
ated by the war. Twelve States consented ; Rhode Island 
refused, and the measure failed. Then Congress asked the 
States to allow it to levy duties on imported articles and 
thus obtain a national revenue for national purposes. 
Twelve States consented; New York refused, and the 
measure failed. Then Congress, in desperation, asked 
permission to regulate the trade of the country for twen- 
ty-five years for national purposes. Twelve States agreed ; 
New York refused, and the last hope of giving stability to 
the Confederation was gone. In fact, there was no United 
States government. But the States continued to issue 
more paper money; Congress repudiated the national 
debt and the States repudiated their debts. The entire 
country was bankrupt. 

113. Anarchy Threatens America. — Armed mobs 
prevented the sittings of the courts in Massachusetts. 
Blood was shed in Rhode Island when the sheriffs 
attempted to compel creditors to accept paper money. 
The governors of Rhode Island and Vermont openly fav- 

* Hence the expression, "Not worth a Continental." 



THE AMERICAN CONSTITUTIONS. 67 

ored the rebellion in Massachusetts. Congress could with 
difficulty gather a quorum of its members for public busi- 
ness. The people seemed blind to their moral duties and 
obligations. Ordinary contracts between man and man 
were not performed, and private and public faith seemed 
alike broken. 

114. Congress Confesses its Helplessness. — At last, 
on the loth of February, 1786, the committee appointed 
by Congress out of its own body to take into consideration 
the state of the Union made a remarkable report : 

" The States have failed to come up to their requisitions. 
The public embarrassments are daily increasing. It is the 
instant duty of Congress to declare most explicitly that the 
crisis has arrived when the people of the United States, by 
whose will and for whose benefit the Federal government 
has been instituted, must speedily decide whether they 
will support their rank as a nation by maintaining the 
public faith at home and abroad, and by a timely exer- 
tion in establishing a general revenue strengthen the Con- 
federation, and no longer hazard, not only the existence 
of the Union, but also the existence of those great and 
invaluable rights for which they have so arduously and 
honorably contended." 

The helplessness of Congress, the bankruptcy of the 
country, the collapse of the United States government 
were thus solemnly and publicly confessed to the world. 
At this time the revenue of the United States government 
in five months had been only one-fourth of the amount 
needed to support the government for a single day. 

115. What Others Thought of America.— The Eng- 
lish minister, Temple, wrote home : " The trade and navi* 
gation of the States appear to be now at a standstill." The 
French minister, Otto, wrote home : " It is necessary either 
to dissolve the Confederation, or to give to Congress means 
proportional to its wants. It calls upon the States for the 
last time to act as a nation; all its resources are exhausted; 



68 CIVIL GOVERNMENT. 

the present crisis concerns solely the existence of Congress 
and of the Confederation." 

116. Discussions at Home. — The newspapers were 
full of schemes for remedying the bad times. Pamphlets 
on the subject abounded. Clergymen preached political 
sermons. Lawyers, merchants, farmers, laborers — every- 
body was talking about the interests and rights of trade, 
finance and civil government. 

117. Light after Darkness. — It was now that the 
long political training of the people during colonial times 
prepared the way toward a solution of the grave indus- 
trial, financial and political problems of the hour. The 
nation proceeded to form a national government. But 
the States had already taken up civil government and 
framed constitutions. 

118. The First State Constitutions. — When the 
States took up civil government the royal governments 
passed away. The popular assembly in each colony im- 
mediately took measures for organizing a new State govern- 
ment on the foundations which we have already examined. 

Each State responded to the suggestion of Congress, and 
the first State constitutions were framed as follows : 

Virginia, June 29, 1776; New Jersey, July 2, 1776; 
Maryland, August 14, 1776; Delaware, September 21, 1776; 
Pennsylvania, September 28, 1776 ; North Carolina, Decem- 
ber 18, 1776 ; Georgia, February 5, 1777 ; New York, April 
20, 1777 ; Vermont, July 2, 1777 ; South Carolina, March 

19, 1778; Massachusetts, March 2, 1780; New Hampshire, 
June 2, 1784 ; Connecticut, under its old charter of April 

20, 1662; Rhode Island, under its charter of July 8, 1663. 
With some minor differences these constitutions pro- 
vided — 

A Bill of Rights ; 
An Executive Department; 
A Legislative Department; 
A Judiciary Department. 



THE AMERICAN CONSTITUTIONS. 69 

The three departments were not so distinct as at the pres- 
ent time. This was due to the colonial customs already 
outlined. 

119. The Executive. — The executive was called the 
president in Pennsylvania, Delaware, South Carolina and 
New Hampshire ; in other States, the governor. He rep- 
resented the unity of the people of the State, and was 
responsible to them. 

120. The Legislature. — The plan of having two 
houses prevailed in each State except in Pennsylvania and 
Georgia. The upper house was called the Senate in Vir- 
ginia, Maryland, North Carolina, South Carolina, New 
York, Massachusetts, New Hampshire, Connecticut and 
Rhode Island; it was known as the Council in New Jersey, 
Delaware and Vermont. The lower house was called the 
House of Representatives in Massachusetts, New Hampshire, 
Connecticut, Rhode Island and Vermont. It was known 
as the Assembly in Pennsylvania, New Jersey, Delaware, 
Georgia, New York, South Carolina ; as the House of Del- 
egates in Virginia and Maryland ; and in North Carolina 
as the House of Commons. 

The term of office of the members of the upper house 
of the legislature was longer than the term in the lower 
house. The upper house represented the districts or 
groups of counties ; the lower house represented the peo- 
ple in their local interests. The members of the lower 
house were elected annually, and had the exclusive right 
to levy taxes and make appropriations by money bills. 
The two houses were a check, each upon the other. The 
lower house had much likeness to the House of Commons 
in England. 

121. The Judiciary. — The judicial department con- 
sisted of a supreme court and of one or more lower 
courts ; some States provided a court of appeals of higher 
authority than the supreme court. 

122. Qualifications of the Executive. — The quali- 



70 CIVIL GOVERNMENT. 

fications of the executive, like those of the electors, were 
those of (1) age, (2) residence in the State, (3) property, 
(4) religious belief. 

Age. — The age usually required for the executive was 
thirty-five years. 

Residence. — He was required to have resided in the State 
for at least one year, and usually for three years ; South 
Carolina (1778) required a ten years' residence. 

Property. — He was required to possess real or personal 
property to the amount of £10,000 in New Jersey ; £1000 
in North Carolina ; £10,000 in South Carolina (1778) ; £250 
or 250 acres of land in Georgia ; £500 in New Hampshire ; 
£5000 in Maryland, of which £1000 were required to be in 
land ; real estate in Delaware ; real estate in New York of 
£100 ; in Rhode Island of $134 ; and in Massachusetts of 
£1000 ; and in Connecticut real estate of the yearly value 
of $7. 

Religious Opinions. — The executive and all other officers 
in the State were required to subscribe to certain religious 
opinions : 

To the Protestant religion in New Jersey, New Hamp- 
shire, Vermont, Connecticut and South Carolina. 

To the Christian religion in Maryland and Massachu- 
setts. 

To the Trinity and the inspiration of the Scriptures in 
Delaware. 

To the Protestant religion and the divine authority of 
the Scriptures in North Carolina. 

To the belief in one God, in the reward of good and the 
punishment of evil and the inspiration of the Scriptures 
in Pennsylvania. 

No restrictions prevailed in New York, Virginia, Geor- 
gia and Rhode Island, but the Protestant faith was pre- 
dominant in those States. 

Clergymen were not eligible to civil offices in Delaware, 
Georgia, Maryland, New York, North Carolina and South 



THE AMERICAN CONSTITUTIONS. 71 

Carolina (1778). This ineligibility still prevails in Dela- 
ware, Mar} T land, Kentucky and Tennessee. 

123. The Judiciary Appointed. — The judges were 
not elected by the people, but were appointed by the ex- 
ecutive or elected by the joint ballot of the two branches 
of the legislature. They usually held office during good 
behavior, but in Xew York a judge retired from the bench 
when he had attained the age of sixty years. A justice of 
the Supreme Court of the United States may retire on full 
pay after ten years' service on the bench. 

124. The Citizen. — The status of the citizens living 
under these constitutions is of great interest. The first 
constitutions, with the exception of that of Massachusetts, 
went into force without being ratified by the people of the 
States. They were adopted by the conventions or the leg- 
islatures that framed them, and proclaimed to the world as 
thereby being in authority. 

The voting citizens were few in number ; they were tech- 
nically called electors, as they are at the present day. 

125. Qualifications of the Elector. — Age. — Each 
State required an elector to be twenty-one years of age. 
Only white men voted in the South ; in the North, occa- 
sionally a negro was permitted to become an elector. 

Residence. — He was required to reside at least one year 
in the State, and six months in the district where he 
wished to vote. 

Property. — He was required to possess property as fol- 
lows : £50 in Xew Jersey ; 50 acres of land in Maryland ; 
a freehold estate in Delaware ; 50 acres of land in North 
Carolina ; $10, or being of any mechanic trade, in Geor- 
gia ; £20 in freehold estate to be an elector of a member 
of assembly, and £100 to be an elector of State senator, 
in Xew York ; 50 acres of land in South Carolina ; £60 
freehold estate or an annual income of £3 in Massachu- 
setts ; a freehold estate of the yearly value of $7 in Con- 
necticut; $134 in real estate in Rhode Island. In Vir- 



72 CIVIL GOVERNMENT. 

ginia and Pennsylvania he was required to be a free- 
holder, and in New Hampshire and Vermont a payer of 
a poll-tax. In each State the elector had to pay a prop- 
erty tax. 

Vermont was the only State making provision for the 
naturalization of foreigners. 

Religion. — The religious qualifications were the same for 
an elector as for the executive. 

126. The Suffrage Limited. — From this outline of 
the first American State constitutions we discover that the 
elective franchise was limited to a few persons. The great- 
est change that has been made in the franchise in America 
is its extension to all men who possess the qualifications of 
age, residence, and, in six States, the payment of a poll-tax. 
The progress of democracy in America has swept away all 
other qualifications ; men now vote because they are men. 

In 1786 the country was bankrupt. Money was obtained 
with extreme difficulty. Hundreds of men were prevented 
from being electors by their poverty. It is difficult to as- 
certain the exact number of electors in the country at that 
time ; it was probably less than 150,000* 

127. How Relief Came. — Maryland and Virginia had 
equal rights to the use of the Potomac River, and they 
appointed a commission to settle all disputes touching the 
jurisdiction, commerce and navigation of the river. The 
joint commission met at Mount Vernon in 1785, but there 
were many questions which the commission hesitated to 
attempt to settle. Pennsylvania was interested in the 
Potomac. If Maryland, Virginia and Pennsylvania were 
interested in a general system for regulating the trade of 
this one river of the land, were not all the States for a 
similar reason interested for a national system of trade, 
commerce and finance ? Virginia took the lead, and sent 
letters to the other States inviting them to send delegates to 

* At present more than 12,000,000. 



THE AMERICAN CONSTITUTIONS. 73 

a Trade Convention at Annapolis in September, 1786. Vir- 
ginia, Delaware, Pennsylvania, New Jersey and New York 
met and spent two days talking about the state of the 
nation, the poverty of the country, the discontents and 
complaints of the people, and the necessity of giving ade- 
quate powers to Congress. They wrote letters to the 
absent States and suggested a convention of all the States 
at Philadelphia in May, 1787, to take into consideration 
the state of the Union. Congress approved of the conven- 
tion February 21, 1787, and Massachusetts on the follow- 
ing day; but seven States had already chosen delegates. 
Virginia had taken the lead, and had elected her first citi- 
zen, Washington, and, among others, James Madison, des- 
tined to become the most influential man in the conven- 
tion. Rhode Island alone of all the States refused to/ 
attend; but by the 25th of May a quorum of delegates 
had met in the State-House in Philadelphia, in the same 
room in which some of the members of the convention 
had signed the Declaration of Independence eleven years 
before. Washington was unanimously chosen president 
of the convention; the roll was called; nine States re- 
sponded to their names ; the doors were closed ; a pledge 
of secrecy was taken by the members; and during the 
long summer these distinguished men labored to frame 
the Constitution of the United States. They completed 
their labors on the 17th of September, 1787 — an event 
celebrated with imposing ceremonies by the people of 
the United States in Philadelphia a century later. 

128. The Character of the Constitutional Conven- 
tion. — The convention which framed the Constitution of 
the United States was undoubtedly the most celebrated 
gathering of able men ever seen in America. Every mem- 

kber was famed for some lofty achievement. Of the thirty- 
nine members of the convention who subscribed their 
names to the Constitution, Sherman, Read, Franklin, Wil- 
— 









THE AMERICAN CONSTITUTIONS. 75 

dependence; Washington became the first and Madison 
the fourth President of the United States ; Rutledge and 
Ellsworth became Chief-Justices ; Gerry became Vice-Pres- 
ident, and Hamilton the first Secretary of the Treasury ; 
Johnson was a doctor of laws ; Sherman, a great lawyer 
and once a shoemaker ; Livingston had been eleven times 
governor of his State; Wilson, the ablest constitutional 
lawyer in the convention, famed in four universities, and 
professor in the University of Pennsylvania ; Gouverneur 
Morris, who on the last day of the session reduced the 
Constitution to the form with which we are acquainted; 
and Franklin, the learned, practical diplomat, an octoge- 
narian, completing a life of splendid fame by the gift of 
his long political experience to his country at the most 
critical period of her history. 

129. The Constitution a Compromise. — Several 
plans for a national government were presented to the 
convention. We know from the debates of the conven- 
tion, published half a century later, that conflicting ideas 
were harmonized and that the Constitution was made pos- 
sible by compromises. The principal compromises were 
concerning the executive, representation by States and by 
the people, and slavery. 

130. The Constitution an Outgrowth of American 
Political Experience. — The Constitution was not framed 
at a single stroke ; it was the result of long political expe- 
rience in America. Had it been entirely new, the people 
would not have accepted it. In fact, it was adopted only 
after the greatest activity of its friends and by a minority 
of the people. It was not understood at the time nor for 
many years afterward. It has been variously interpreted 
by political parties in power. The principal provisions of 
the United States Constitution with which the people were 
already familiar were — 

1. The division of the government into executive, legis- 
lative and judiciary departments. In the Federal Consti- 



76 CIVIL GOVERNMENT. 

tution this separation of powers is more complete than the 
States had previously known. 

2. The title of the executive, " President," was familiar 
to the people of Pennsylvania, Delaware, South Carolina 
and New Hampshire, and had been used to describe the 
chief officer in the old Confederation. 

3. The national legislature was called " Congress," a 
name already familiar to all the people. 

The upper house, representing the States, was called the 
Senate, a term familiar to the people of Virginia, Maryland, 
North Carolina, New York, Massachusetts, New Hampshire, 
Connecticut and Rhode Island. 

The lower house, called the House of Representatives, 
was called after a term long familiar to the people and 
used in New England. 

4. The Federal judges were to be appointed by the Pres- 
ident by and with the consent of the Senate — a method to 
which the people of all the States were accustomed. 

5. The two years' term of office for members of the 
House of Representatives was a compromise from the 
State constitutions. 

6. The system of rotation by which one-third of the 
Senate retired every two years prevailed in New York- 
Pennsylvania, Virginia and Delaware. — 

7. The provision for a census every ten years was sug- 
gested by the constitution of New York, according to 
which a census was to be taken septennially. 

8. The ordinary powers of Congress were adapted' from 
similar provisions in the State constitutions. 

9. The special power of the House of Representatives 
to originate money bills was taken almost bodily from the 
constitutions of Massachusetts and New Hampshire, i 

10. The President's message was suggested from New 
York, and his veto power from Massachusetts. 

11. The two methods of representation in Congress — the 
Senate representing the States, and the House of Repre- 



THE AMERICAN CONSTITUTIONS. 77 

sentatives the people, was modelled after the constitution 
of Virginia. 

12. The powers given to the President were analogous to 
the powers of the State executive : his command of the 
army and navy had its precedent in all the States except 
Rhode Island ; his pardoning power, in all except Rhode 
Island and Connecticut ; his power to nominate persons to 
the Senate, in the constitution of New York ; his taking 
the oath of office, in the constitution of each State; his 
filling official vacancies, in the constitution of North Caro- 
lina. 

13. The office of Vice-President had its original in the 
deputy governor or lieutenant governor of the States, as 
in Delaware, Pennsylvania, New Hampshire and South 
Carolina, and especially in New York, where the lieuten- 
ant governor presided in the State senate without a vote, 
except in case of a tie. 

14. The succession of the* Vice-President, and, in some 
cases, of the Speaker of the House, to the office of Presi- 
dent, was suggested from North Carolina. 

15. The electoral college had its original in the method 
of choosing State senators in Maryland. The qualified 
voters in that State chose " two persons for their respective 
counties to be electors of the senate," and " the electors of 
the senate " chose " by ballot, either out of their own body 
or the people at large, fifteen senators." 

131. The New Features of the Constitution. — 
While enlarging upon the best provisions of the State con- 
stitutions, the convention found these inadequate for all 
the purposes of a national government. The most im- 
portant of the new provisions were — 

1. The national character of the Constitution as a whole, 
and the ordination and establishment of it by the people 
of the United States. 

2. The vitality, perpetuity and supremacy of the na- 
tional government. 



78 CIVIL GOVERNMENT. 

3. The creation of United States citizenship distinct from 
State citizenship ; the freedom of United States citizenship 
from the limitations prevailing in the State constitutions 
— an element of primary importance in our civil govern- 
ment. 

4. The direct authority of the United States government 
over individuals, and its independence of the States — a 
marked departure from the old Confederation. 

5. The establishment of a Supreme Court. 

6. The limitation of the powers of the States. 

7. The admission of new States and Territories into the 
Union. 

8. The regulation by Congress of commerce with foreign 
nations and among the several States. 

9. The authority of Congress to levy and collect taxes, 
duties, imposts and excises for national purposes ; to pay 
the debts, provide for the common defence and promote 
the general welfare of the United States. By these provis- 
ions the United States was freed from the withering and 
destructive restrictions to which the old Confederation had 
been subjected, and the nation entered at once upon a 
career of prosperity unparalleled in history. 

132. Ratification of the Constitution. — The Consti- 
tution, which was transmitted to each State by Congress, 
provided that the new government should go into effect 
upon the ratification of it by conventions of the people of 
nine States. The order of its ratification by these conven 
tions is as follows : Delaware, December 7, 1787 ; Pennsyl 
vania, December 12, 1787 ; New Jersey, December, 18, 1787 
Georgia, January 2, 1788 ; Connecticut, January 9, 1788 
Massachusetts, February 6, 1788 ; Maryland, April 28, 1788 
South Carolina, May 23, 1788 ; New Hampshire, June 21 
1788 ; Virginia, June 26, 1788 ; New York, July 26, 1788 
North Carolina, November 21, 1789; Rhode Island, May 
29, 1790. 

The adoption or rejection of the Constitution was for 



THE AMERICAN CONSTITUTIONS. 79 

months uncertain. The votes of Delaware, New Jersey 
and of the smaller States generally were unanimous in 
its favor; Connecticut and Georgia approved it by large 
majorities, but in the remaining States the opposition was 
strong. A change of 2 out of 60 votes in New York, of 
5 out of 168 votes in Virginia and of 10 out of 355 votes 
in Massachusetts, on the final ballots, would have been 
enough to reject the Constitution and to throw the coun- 
try back into political chaos. 

133. The United States.— On the 4th of March, 1789, 
the people of the United States began the present national 
government. On the 30th of the following April, Wash- 
ington took the oath of office and began the long line of 
administrations into which, by our Constitution, our polit- 
ical history is divided. 

134. The President's Cabinet. — The Constitution 
makes no provision for a Cabinet, but Washington, fol- 
lowing the precedents in the State governments, called to 
assist him in executive work several eminent men. These 
and their successors have constituted the Cabinet. The 
executive departments which have grown up in the gov- 
ernment are : — 

The Department of State, originally called the De- 
partment of Foreign Affairs ; 
The Treasury Department ; 
The War Department ; 
The Navy Department; 
The Post-Office Department; 
The Department of the Interior; 
The Department of Justice ; 
The Department of Agriculture. 

135. Amendments to the Constitution. — The people 
were not satisfied with the new Constitution, because it did 
not contain a Bill of Rights securing to them those " an- 
cient and undoubted rights " for which the Anglo-Saxon 
race had been contending a thousand years. Therefore in 



80. CIVIL GOVERNMENT. 

the first session of the first Congress under the new Con- 
stitution the representatives of the people proposed 
amendments embodying the provisions found in the 
Bills of Rights of twelve of the State constitutions. So 
important did the people consider these amendments that 
Congress was flooded with them : Massachusetts proposed 
9; South Carolina, 4; New Hampshire, 12; Virginia, 20; 
New York, 56; North Carolina, 26; Pennsylvania, 14; 
Maryland, 28 — or 169 in all. The first Congress adopted 
twelve of the proposed amendments, many of which were 
repetitions of others, of which ten were ratified by the 
people and declared in force December 15, 1791. These 
ten agree with those proposed by Pennsylvania. The 
eleventh amendment was declared in force January 8, 
•1798; the twelfth, September 25, 1804; the thirteenth, 
December 18, 1865; the fourteenth, July 28, 1868; and 
the fifteenth, March 30, 1870. 

These amendments are of inestimable importance to the 
citizen of the United States because they declare his civil 
rights under the Constitution. 

136. The First Census. — Soon after the inauguration 
of Washington the first census was taken. Each success- 
ive decade the people have been counted. The admission 
of new States keeps pace with the westernmost wave of 
population, and the creation of new Territories keeps just 
ahead of this wave. 

137. Westward Movement of Population. — The 
old thirteen States are the parents of all the States west 
of them. There is a larger New England west of New 
England, a larger Virginia west of Virginia. Not only 
have State constitutions moved westward with the people, 
but opinions, beliefs, characteristics, morals, industries, 
habits of daily life, stories and anecdotes, educational 
systems, styles of building, systems of law, of public 
roads and of public charities, religious views, names of 
towns, cities and counties, have moved westward also. 



THE AMERICAN CONSTITUTIONS. 81 

Any one who would understand the government of the peo- 
ple of the United States must understand the great law of 
migration: similar civil institutions follow lines of equal temper- 
ature. The customs and opinions prevailing in North Car- 
olina and Georgia are not found in the North-west, nor are 
the customs and opinions of New England found in the 
South-west. Kansas was the common ground where these 
diverse customs and antagonistic opinions met, and there 
a great struggle began — the struggle between slavery and 
freedom. Freedom triumphed, and the two currents 
have harmoniously blended in the great stream of na- 
tional prosperity. 

138. Admission of New States. — With the increase 
of population and the accession of land new Territories 
have been created and new States admitted into the Union 
on an equal footing with the older States. Each State at 
the time of its admission has framed a State constitution 
in harmony with the Constitution of the United States. 
Most of the States have revised their first constitutions, 
and with each revision the restrictions of the rights of the 
citizen and the limitations regarding electors have one by 
one disappeared. 

139. The Later State Constitutions. — The later 
State constitutions are longer, more definite and more com- 
plex than the early constitutions. They resemble codes of 
laws, rather than formal statements of fundamental prin- 
ciples of government. This change in the character of our 
constitutions is due to the interpretation of the many in- 
terests of the people by State constitutional conventions. 
At the time of the framing of the first State constitutions 
few roads, and no canals, railroads or steamship lines^ 
existed. Half a century passed before the people 
learned the nature of banks, corporations and trust 
companies. The Bills of Rights still remain essentially 
unchanged, but the interpretation of those rights in leg- 
islative, executive and judiciary provisions presents a 



82 CIVIL GOVERNMENT. 

pleasing proof of the amelioration of government in this 
country during the century. The elaboration of the prin- 
ciples of tripartite government resting upon the will of the 
people has been carried into almost bewildering details. 
The sessions of legislature, the powers of each house, the 
manner of passing bills, the limitations of law-makers and 
law-making, and the common provision of our day against 
special legislation, — indicate the tendency in the later con- 
stitutions to curtail the power of the legislature. For- 
merly the governor was feared ; now he is trusted as the 
last hope in preventing hasty or vicious legislation. The 
constitutions framed since 1865 usually invest the gover- 
nor with the power to veto any item of a bill appropriat- 
ing money. In the later constitutions are provisions on 
taxation, finance, sinking funds, public debts, railroads, 
mining, public lands, irrigation, public health, forestry, 
public institutions, the rights of married women, home- 
steads, exemptions, and other subjects, few of which are 
mentioned in the State constitutions of a century ago. 
Education was then scarcely referred to ; in the later con- 
stitutions generous provision for education is made by the 
State in schools and universities. The militia, the organi- 
zation of counties and cities, and the government of mu- 
nicipalities — the latter of vast importance — are now con- 
sidered in detail. 

About one hundred and thirty State constitutions have 
been framed in conventions, and adopted at different times 
by the people of the various States since 1776. By these, 
considered as a whole, the powers of the legislature have 
been diminished, the powers of the executive have been 
increased, and the judiciary has become an elective body. 
All the State constitutions framed since 1789 show the 
influence of the Constitution of the United States.* 

* See page 294. 




Part II. 



LOCAL GOVERNMENT. 



God rules in the affairs of men.— Garfield. 

Government, of the People, by the People, for the 
People.— Lincoln. 

Prudence, indeed, will dictate that governments 
long established should not be changed for light 
and transient causes. — Jefferson. 

The basis of our political systems is the right 
of the people to make and to alter their constitu- 
tions of government. But the constitution which 
at any time exists, till changed by an explicit and 
authentic act of the whole people, is sacredly oblig- 
atory upon all. The very idea of the power and 
the right of the people to establish government pre- 
supposes the duty of every individual to obey the 
established government.— Washington. 

88 



CHAPTER I. 

THE PEOPLE AND THEIR HOME AFFAIRS: THE 
TOWNSHIP, COUNTY, CITY, STATE AND TERRI- 
TORY. 

140. Local History. — Every American community has 
an interesting local history which assists us in understand- 
ing the character of that community. The natives of a 
State, as of New York or of Virginia, have settled and 
organized communities, townships, parishes, counties and 
States west of the parent State. Foreign elements have 
joined with native American elements in new States. 
The early settlers in a community largely determine its 
subsequent history. They sometimes start industries by 
which a locality prospers and becomes widely known. At 
Salina (now Syracuse), New York, they began the pro- 
duction of salt, to which that city owes its prosperity. 
The early development of natural resources often explains 
peculiarities in local customs and opinions. Communities 
in which institutions of learning were early established, 
and which have been adequately supported, become re- 
fined, progressive and wealthy. Ignorant and idle com- 
munities are vicious and lawless, and ultimately disap- 
pear. 

141. Political Parties. — As soon as the United States 
government was organized the people began to have dif- 
ferent ideas about their rights and duties under the Con- 
stitution. Thus originated political parties among us. 
The Constitution says nothing about political parties, but 
they have from time to time sprung up in the country, 
and have interpreted the Constitution in different ways, 

84 



THE PEOPLE AND THEIR HOME AFFAIRS. 85 

and principally in two ways : (1) a strict or literal construc- 
tion, denying all that is not specifically set forth and pro- 
vided in plain words in the Constitution ; (2) a liberal or 
generous construction, allowing all that is necessary to pro- 
mote the general welfare of the country, and interpreting 
the Constitution in its spirit rather than by its words. 
These two ideas lie at the foundation of political life and civil 
government in this country* 

142. Election Day. — Once a year the citizens who are 
electors make their choice of public officers according to 
law. On this day more men are seen on the street than is 
usual ; printed slips of paper called ballots are distributed 
conveniently in public places, where the elector may ob- 
tain one that suits him. If he prefers, he may write his 
own ballot or ticket. An examination of the tickets shows 
that there are two or more sets, each set having the same 
list of offices, but a different list of candidates. These 
names of offices and of candidates are printed with accu- 
racy by authority of a convention or caucus composed of 
delegates chosen by the electors. 

143. The Nominating" Convention or Caucus. — Some 
one has said that the only king in America is King Caucus. 
For several weeks before a local election, and for several 
months before a national election, the people talk about 
candidates for office and party politics. The newspapers 
are the usual means for the expression of political opin- 
ions, but the newspapers always follow the people and 
represent their views. Two elements are constant in pol- 
itics — men and measures. We understand by this that 
the principles of a political party, and the chief men who 
advocate these principles, are the chief objects of political 



* For instance, the Constitution says nothing about a bank. One 
political party opposed the establishment of a United States bank ; the 
other party favored the founding of such a bank, because it would pro- 
mote the general welfare. 



86 CIVIL GOVERNMENT. 

interest to the people. Sometimes more electors will vote 
for a political measure or principle than for a man. 

At last the leading men of a political party give notice 
to the community that at a certain time and place a party 
convention or caucus will be held for the purpose of select- 
ing candidates and arranging for the approaching election. 
Each party manages its own caucus somewhat in secret and 
excludes members of other political parties. The caucus is 
therefore a convention of men of the same political faith 
assembled for the purpose of nominating candidates for 
office and taking measures to have the ideas of their party 
triumph at the polls. 

144. Business of the Caucus. — The caucus is called 
to order, and a chairman, a secretary and two tellers are 
chosen. The members of the political party present rep- 
resent the whole party, and proceed to nominate candi- 
dates for public offices, beginning with the highest and 
ending with the humblest on the list. The caucus usually 
votes by ballot, and the chairman by means of the tellers 
declares the result of each ballot. Sometimes there is a 
difference among the members about making nomina- 
tions ; if this difference cannot be compromised, there is 
said to be a "split" in the caucus. But usually each 
nominee obtains the unanimous voice of the caucus. If 
the split is serious, the dissatisfied members of the party 
call a caucus among themselves and nominate a ticket to 
their liking. All members of the party are expected to 
support the nominees of the " regular " party caucus. A 
person who runs for office without a caucus nomination 
is called an independent candidate. The candidates and 
their friends contribute money v for a " campaign fund," a 
name given to the money that is used before election for 
the purpose of securing the victory of the party over 
other parties. This fund prints the tickets, except in a 
few States in which the law provides for the printing of 
tickets at the expense of the people of the State. 



THE PEOPLE AND THEIR HOME AFFAIRS. 87 

145. Benefits of the Caucus. — The caucus is out- 
side of the control of the laws ; it represents the liberty of 
the citizens to assemble peaceably for the transaction of 
any business in which they are interested. It originated 
in Xew England at the suggestion of Samuel Adams, and, 
with some modifications, has spread over the entire coun- 
try. When honestly conducted the caucus is a simple 
means for ascertaining the wishes of the people in the 
nomination of public servants. It is the strongest bond 
of party union and the longest lever of political machin- 
ery known in America.* 

146. Evils of the Caucus. — By the abuse of liberty 
politics becomes a trade. Political bargains are struck 
between men who by their peculiar influence are able 
to bring out a strong vote for or against a candidate. 
In the caucus political influence is paramount. This 
influence is generally legitimate, but when men, called 
•'bosses," use money or improper influences to carry 
the election, the caucus is the place where they con- 
centrate their efforts. At their hands the " campaign 
fund," raised by the party for the purpose of employ- 
ing political speakers, of hiring space in newspapers, of 
organizing political meetings, parades and other influ- 
ences in the interest of the party, is sometimes deflected 
from its proper use and expended in buying votes. Elec- 
tors may be found who are willing to sell their votes to the 
highest bidder, not realizing the immorality and the dan- 

* The members of the same political party in a State legislature or 
in Congress sometimes assemble for the purpose of deciding what 
course to pursue, as a party, in dealing with a legislative measure 
before the Senate or the House. This informal yet secret meeting 
is called a party caucus. From 1797 until 1832 the candidates for 
President of the United States were nominated in a party caucus com- 
posed of members of the United States Senate and House of Represen- 
tatives, but this method was not satisfactory to the people, because it 
placed the nomination in the hands of a few leading politicians. It 
was abandoned for the present method of the national convention. 



88 CIVIL GOVERNMENT. 

ger of such political corruption. An elector who will sell 
his vote is as faithless and dangerous a citizen as the un- 
scrupulous political " boss " who purchases it : political 
corruption is the consequence of their wrong-doing. 

The evils of the caucus are far outweighed by its ad- 
vantages, and are the exception, not the rule, in the 
United States. 

147. The Evils Must be Remedied. — Sometimes the 
people rise up against the bosses and overthrow them by 
rejecting the nominees of the caucus and electing others 
more to their liking. As our entire political system of free 
government in this country starts in the caucus, it is abso- 
lutely necessary for the welfare of the people, both in local 
and in national affairs, that the caucus be kept just and 
pure. The responsibility of the citizen in such a govern- 
ment as ours requires him to be very bold, very just and 
very persistent in his demands for the purity of all polit- 
ical management. The subject is of the greatest practical 
importance, and touches every right of the citizen, indus- 
trial, political, social and moral. It cannot be too plainly 
understood that the demoralization of our politics means the 
ruin of our liberties, the overthrow of our institutions and our 
extinction as a nation. The remedy for our political evils 
consists in an active sense of justice and an earnest de- 
mand for political honesty by every citizen of the Re- 
public. 

148. The Campaign. — After the nominations are made 
and publicly announced the campaign begins. Each party 
uses every means in its power for victory over its oppo- 
nents. The individual is lost in the party ; the party is 
lost in its principles. The whole country divides into 
two great political camps. Enthusiastic party-men join 
in brilliant party parades and spectacles of various kinds. 
Party cries are heard on every side. Curious objects sud- 
denly assume political importance, as in the Harrison- 
Van Buren campaign coon-skins and hard cider stood foi 



THE PEOPLE AND THEIR HOME AFFAIRS. 89 

one of the parties, and in the first Lincoln campaign a 
fence-rail represented powerful political principles. In 
local elections the excitement is usually small, but some- 
times a brilliant campaign in a single State is the begin- 
ning of a national campaign. The election of Grover 
Cleveland as governor of New York by a majority of one 
hundred and ninety-two thousand votes led to his nom- 
ination in convention and his election to the Presidency 
of the United States. The activity of the newspapers and 
of the politicians and the general intelligence of the elec- 
tors tend to keep the people familiar with the political 
issues of the day and the principles involved in our gov- 
ernment, both local and national. 

149. The Voting. — The election of public officers is 
the lawful choice of them by the qualified voters. The 
elective franchise is now very free ; property qualifications 
have been abolished. The causes that led to this aboli- 
tion are curious. Parties or candidates sometimes paid 
the taxes of unqualified citizens who would vote for them, 
and if the possession of real estate was a qualification for 
voting, land was conveyed to these unqualified voters, and 
deeded back again after the election. Long before the 
laws were changed the property qualifications of Amer- 
ican citizens had become empty forms.* 

150. The Electors or Voting Citizens. — The right to 
vote is regulated by the constitution and laws of the sev- 
eral States, subject to the fifteenth amendment of the Con- 
stitution of the United States.f The qualifications of the 
elector vary somewhat in different States, but all the 
States require the elector to be of sound mind, of the age 
of twenty-one years or more, and to be a resident in the 
State, county, township, city, ward or polling district 
where he offers his vote. Some States require the pay- 
ment of a tax ; others require the ability to read or write. 

* See Table, p. 290. t See page 286. 



90 CIVIL GOVERNMENT. 

Some of the States do not require the elector to be a citizen 
of the United States."* 

151. "Women Electors. — Women have the right to vote 
at all elections in Colorado, Idaho, Utah and Wyoming. 
In some form, mainly as to taxation or the selection of 
school officers, woman suffrage exists in a limited way in 
Arizona, Connecticut, Delaware, Illinois, Iowa, Kansas, 
Kentucky, Massachusetts, Michigan, Minnesota, Montana, 
Nebraska, New Hampshire, New Jersey, New York, North 
Dakota, Ohio, Oklahoma, Oregon, South Dakota, Texas, 
Vermont, Washington and Wisconsin. 

152. The Polling-Place. — The polling-place is fixed 
by law ; it is the place for depositing the ballots of the 
electors. It is the one place in the United States where 
" all men are equal ;" one vote counts as much as another. 
Each elector here mingles with his political peers, and by 
his ballot endeavors to impress upon the State or nation 
his own ideas or those of his party. This is the place 
where the character of our government, both local and 
national, is determined. Our entire civil structure de- 
pends upon the opinions of the electors.. The polling- 
place is under the protection of specific laws passed for 
the purpose of maintaining the purity and honesty of 
elections.f 

153. The Right to Vote may be Lost.— The right 
to vote is lost upon conviction of such crimes as treason, 
murder, forgery, bribery, larceny, duelling, election misde- 
meanors, embezzlement of public funds, malfeasance in 
office, and the giving or receiving of money or gifts to 
influence elections. 

154. The Party at the Polls. — Men of the same party 
vote the same ticket. If they are a majority of the elect- 
ors, they elect their candidate ; disputed elections in the 
case of local officers or of State officers are decided by the 

* See p. 293. f See p. 300, 



THE PEOPLE AND THEIR HOME AFFAIRS. 91 

courts ; if the dispute concerns an election of a member 
of the State legislature, it is decided by the legislature 
itself. The Congress of the United States decides as to 
the election of members of Congress. The party vic- 
torious at the polls becomes the "administration" or the 
party in power.* The ideas of the party soon find ex- 
pression in legislation and affect all the rights, interests 
and duties of the people. This effect of party admin- 
istration may be local, State or Federal. If the effect 
of the party's administration of the government is be- 
lieved by the people to be injurious to their interests, 
subsequent elections change the administration and com- 
mit the government to other men. In this way, by fre- 
quent elections, public servants are compelled to account 
to the people for their conduct in office. The electors who 
elect a man to office .are called his " constituency," because 
they constitute his political support. A constituency may 
be local, State or national. The only man in American 
history who had a national constituency was Washington : 
he was twice unanimously elected to the Presidency, with 
no opposing candidate. 

155. Election Officers. — Each election of public 
officers is under the care of election officers. They are 
administrative officers only ; their duty is to conduct the 
election according to the laws of the State. A judge of 

* After the installation of a party in power, changes are made by it 
in the officeholders. Officials not belonging to the administration are 
displaced, and the offices are given to the friends of the administration. 
A great party is usually composed of factions. The leaders of these 
factions make political bargains by which the offices are divided among 
the factions. All political parties in the United States act on the prin- 
ciple "To the victors belong the spoils." In order to prevent the evils 
of the "spoils system" civil-service examinations for government ap- 
pointments have been advocated, which has led to the inauguration of 
our civil-service reform. Applicants for government positions in all the 
departments are now required to pass written examinations, and from 
those found qualified the appointments are made. 



92 CIVIL GOVERNMENT. 

election and two inspectors, one from each of the two 
most powerful parties, preside during the election and 
determine the admission or the rejection of the votes that 
are offered. All qualified voters must have been pre- 
viously registered, except when they offer to vote for the 
first time on becoming of age. Proofs of qualification are 
required of all voters at the discretion of the judge of 
election. 

156. Counting 1 the Votes. — The time of election is 
usually from sunrise to sunset. At the closing of the polls 
the vote is officially counted and recorded, and a correct re- 
port, made in form required by law, is sent to the court of 
the county. This report is called the return. The return 
is usually recorded in the county court as a part of the 
county records. It is the property of the State. The offi- 
cial count of the votes is also exposed publicly, according 
to law, for the inspection of the people. 

157. The Officer Elect. — The person receiving the 
highest number of votes is elected to the office to which 
he was nominated. At a certain time he takes the oath 
of office, swearing or affirming fealty to the United States 
and to the State in which he lives if he is elected to a local 
or State office ; but if chosen to a Federal office he takes 
only the oath to support the Constitution of the United 
States. The usual form of an oath is : "I promise to sup- 
port the Constitution and laws of the United States, the 
constitution and laws of the State of , and to per- 
form the duties of my office to the best of my ability, so 
help me God." The office is then turned over to him by 
the retiring officer. 

The Township and the Town. 

158. Township or Town Offices. — In a town the 
officers annually chosen are usually the justice of the 
peace, the constable or chief of police, the supervisor of 
roads, the directors or commissioners of schools, the 



THE PEOPLE AND THEIR HOME AFFAIRS. 93 

mayor, moderator or burgess, the council or selectmen, 
the town clerk, the assessor of taxes, the tax-collector, 
the town treasurer, the election officers, and the auditors 
of public financial affairs * 

159. The Justice of the Peace. — The humblest court 
in the land, the court upon which all other courts are 
founded, and the court of greatest antiquity, is the jus- 
tice's court. The justice of the peace presides in this 
court and hears and determines suits at law. These 
suits are of every character growing out of the interests 
and disputes constantly arising in society. Usually suits 
in which the value in dispute is one hundred dollars or 
less are decided in a justice's court. From this court the 
parties may appeal to a higher court until, if the law allows, 
the highest court in the land may at last decide the case. 
Sometimes the justice of the peace is empowered to per- 
form in the town or township the duties of the coroner. 
In some States the justice is appointed and commissioned 
by the governor of the State. 

160. The Constable. — The constable is an officer of 

* The terms township and town are of varying significance in the 
United States. In the States in which the system of government sur- 
veys has been followed a township is an extent of country six miles 
square, and is a division next in extent to the county. In the Middle 
States a town is a large village or small city, and the township a divis- 
ion of the county. In New England, New York and Wisconsin the 
town is the unit of civil organization, and the county is composed of 
towns, which correspond in civil affairs to the townships of most of the 
other States. The term parish, used in some of the Southern States, has 
the significance of town in New England and of township in the Western 
States. In Louisiana the county is known as the parish. 

The names, number and duties of town, township, city, county and 
State officers vary in the United States, and it is left to the teacher to 
explain whether in a given locality the officer is appointed or elected, 
and also what his duties are. Each community has officers whose duties 
are executive, judicial, legislative or administrative in character. The 
study of these duties and of the variations and peculiarities of the forms 
of local government may be made profitable for the class. (See p. 302.) 



94 CIVIL GOVERNMENT. 

the court and holds an office of great antiquity. He 
executes the orders of the justice of the peace. His 
jurisdiction is called a bailiwick, and he must always 
act by an order of the court called a warrant. He is 
commissioned by the court and is responsible for the 
peace of the community. While acting upon the orders 
of the court he represents a supreme authority. If he is 
unable to arrest an accused person because of violence, he 
may call upon the 'posse comitatus to help him * If this 
aid is not sufficient, he may call upon the governor of the 
State. If the State is unable to quell the violence, the 
governor may call upon the President, who shall in that 
case employ the armed forces of the United States for the 
maintenance of the laws of the State. 

161. The Supervisor of Roads. — It is the duty of 
the road -supervisor to take care of the highways. The 
roads of the United States are still inferior to those of 
Europe. A vast amount of money, called the road-tax, 
is annually raised and expended upon our highways, but 
used in such a desultory and unscientific manner as quite 
to fail of its object. The country has a great and a press- 
ing need of good highways. 

162. School Directors. — The educational interests of 
the community are committed to a board of directors, of 
whom one-third are usually elected annually. The school 
directors are empowered by the law of the State — 

1. To regulate the school term, its length and occurrence; 
the order of school studies ; the selection of text-books ; the 
supply of school material and furniture. 

2. To employ and discharge teachers or superintendents. 
The authority of the teacher is similar to that of the pa- 
rent. The law says that what a parent may do, a teacher 
also may do, so far as the teacher is by the authority 
of the directors placed in charge of pupils. This author- 

* See A 50, p. 51. 



THE PEOPLE AND THEIR HOME AFFAIRS. 95 

ity is given to the directors by the people at the annual 
local election. Pupils owe to teachers the respect due to 
persons acting for and by the authority of their parents. 
3. In some States to levy taxes for school purposes; 
that is, for building school-houses and for maintaining 
schools. 

163. The Mayor. — The community has interests as a 
social unit, called usually the town's interests. In olden 
times these interests found expression in the town's mind.* 
The representative of the whole community is the ma} T or, 
moderator or burgess. Although elected on a party ticket, 
he and all his official colleagues cease to be mere party 
men after election, and serve, or should serve, the people 
without distinction of party. The mayor usually presides 
in the town council, but has no right to vote unless there 
is a tie. It is his duty to see that the laws of local appli- 
cation are faithfully executed. 

164. The Council, Board of Aldermen or Select- 
men. — Ordinances or local laws expressly pertaining to 
the wants of the community are made by the representa- 
tives of the community ; in the town these ordinances are 
passed by the council, board of aldermen or selectmen. 
Acts of council are of local application only, and must 
not conflict with the laws of the State nor of the United 
States. One-third of the council is usually elected annu- 
ally. The interests considered by local legislators are 
highways, crossings, public parks and squares, public 
health, waterworks, bridges, public pounds, tramps, strays, 
dogs, fast driving, police system of the town, public build- 
ings belonging to the town, and suits at law to which the 
town is a party. 

165. The Town Clerk. — The records of the town are 
kept by the town clerk, a man usually appointed by the 
council, aldermen or selectmen. He records the ordinary 

* See If 84, p. 50. 



96 CIVIL GOVERNMENT. 

business of the council and the important events in the 
life of the community. His record is accurately kept, and 
is often required in suits at law as proof of the occurrence 
of events. In some of the States the town clerk keeps a 
record of births, marriages and deaths, and of the transfer 
of property. This duty of the clerk is of great antiquity. 
The exact record of the births, marriages and deaths in 
the community is frequently of value in determining the 
ownership of property and the rights of citizens. Our 
social affairs would be much more orderly if a careful 
record of these events were kept in every community. 

166. The Assessor of Taxes. — The assessors of taxes 
are men whose office is of great importance to the tax- 
payers. An ignorant or incompetent assessor may place 
the tax far too high or too low, therefore the assessor of taxes 
should always be a man of sound judgment. The rate of 
taxation is determined by taking into consideration the 
amount of the tax and the valuation of the property on 
which the tax is to be raised. The quotient resulting from 
dividing the amount of tax to be raised by the valuation of 
the property gives the rate. The valuation of property is 
determined at regular intervals by the assessor of taxes, 
who decides it according to his best judgment. Opportunity 
is given the taxpayer to have correction made, if any is 
necessary, in the valuation of his property. The subjects 
of taxation are persons, and also property, such as land, 
including under this term all buildings upon land ; cattle, 
horses, sheep, occupations of men, incomes, money at 
interest, and, in some States, watches, carriages, pianos 
and furniture. 

In some States a small tax called a poll-tax is collected 
from each elector ; in most of the States in which no poll- 
tax is collected, if the elector pays no property-tax, his 
occupation is assessed and on it he pays a tax. The 
property of all citizens, whether electors or not, is liable 
to taxation. It has been argued by persons favorable to an 






THE PEOPLE ASD THEIR HOME AFFAIRS. 97 

extension of the electoral franchise that all persons who 
pay taxes should be allowed to vote. 

The assessor's books are deposited by him with the 
county treasurer, and are kept among the county records. 

167. The Tax-Collector. — The collector of taxes is 
usually an appointed officer. He gives a bond for the 
faithful performance of his duties. He collects from the 
taxpayers the amount of tax due from them. His pay is 
usually a percentage of his collections. Sometimes there 
are several collectors : a collector of the State tax, of the 
county tax, of the school tax, and of the town tax. 

The council appoints the collector of the town tax ; the 
school directors appoint the collector of the school tax; 
the county commissioners appoint the collector of the 
State and county tax. The same person may be ap- 
pointed to collect them all. 

168. The Town Treasurer. — The taxes collected from 
the people are paid, if local in character, to the town treas- 
urer. He is the keeper of the town's money, and gives a 
bond for the faithful performance of his duties. He re- 
ceives the money from the tax-collectors, and receipts for 
it. He pays out the town's money at the order of the 
council duly presented to him in writing, but only upon 
presentation of this order, which is generally called a war- 
rant. The money in his keeping is usually deposited by 
him in a local bank, where it draws interest. Sometimes 
he is paid a salary; sometimes he is allowed the interest 
of the public money as his salary ; sometimes he is paid a 
certain percentage of all the money he receives as shown 
by his books. In some States the town treasurer is elect- 
ed by the people, and in others appointed by the council. 
He usually serves for one year. In addition to the taxes 
collected by law, he receives all fines, license-money and 
penalties paid to the town. 

169. The Auditors. — In order to know from time to 
time how the public moneys are expended, the people 

7 



98 CIVIL GOVEBNMENT. 

elect or cause to be appointed a board of auditors who 
annually examine the books of the treasurer and the tax- 
collectors. They publish a report which shows the re- 
ceipts and the expenditures of public money. The board 
of auditors does not entirely change in one year ; usually 
two old members remain, and only one new member is 
elected. 

The County. 

170. The County Offices. — The county is a collection 
of townships or towns. County offices represent larger 
interests than town or township offices ; they differ in de- 
gree rather than in kind. The officers usually chosen for 
county purposes are the county judges, the sheriff, the 
county attorney, the county clerk, the county commis- 
sioners, the overseers of the poor, the county surveyor or 
engineer, the county coroner, the county superintendent 
of schools, the county treasurer and the county auditors. 
County officers are nominated in a convention of delegates 
from the various towns and townships of the county. 

171. The, County Judges and the Courts. — Suits at 
law involving more than one hundred dollars are usu- 
ally commenced and settled in a county court. The 
judges are elected by the people and are generally men 
learned in the law. There are three classes of county 
courts : 

1. Courts for the trial of civil causes : such causes com- 
monly pertain to contracts or agreements in dispute among 
the parties. 

2. Courts for the trial of criminal causes : such causes 
pertain to the trial of persons accused of crimes or misde- 
meanors against society, or, as it is said, " against the peace 
of the State." 

3. Courts for the settlement of the estates of deceased 
persons. 

The courts are instituted to determine the rights and the 



THE PEOPLE AND THEIR HOME AFFAIRS. 99 

duties of the people. Sometimes a cause is carried by- 
appeal from the county court to the supreme court of the 
State, but most suits at law are ended in the county courts. 
The courts are supported by the entire power of the State 
and of the United States. 

172. The Sheriff*— The sheriff is the guardian of the 
county and the executive officer of its courts. He is the 
constable of the county and has jurisdiction over all its 
territory. The decrees of a county court, if to be executed 
in another county, are executed by the sheriff of that coun- 
ty ; if to be executed in another State, by the consent and 
direction of the governor of that State through a sheriff in 
that State. If a taxpayer refuses to pay his taxes on real 
estate after assessment and demand by the proper officers, 
the sheriff is empowered by the State to seize the property 
of the delinquent and expose it for sale. From the proceeds 
of the sale he deducts the taxes, the expense of the legal 
proceedings and sale, and returns the remainder, if any, to 
the former owner of the estate. He serves all processes of 
court both in civil and criminal matters. From the nature 
of his office he receives large sums of money, and is conse- 
quently under heavy bonds. He is usually the highest paid 
officer in the county, receiving a fixed salary or a percent- 
age of the income of his office. He has the care of the coun- 
ty prisons, and is responsible for the safekeeping of the 
prisoners. He issues proclamations for all elections, and is 
required to maintain the peace of the county, and for this 
purpose may summon the posse comitatus, and, if necessary, 
through the governor and the President, call upon the en- 
tire power of the State and of the nation. 

173. The County Attorney. — It is the duty of the coun- 
ty attorney to prosecute all persons charged with the com- 
mission of crime or offences against the law and who are 
brought before the court for trial ; usually to represent the 



L.orC. * See ^ 44, p. 29. 



100 CIVIL GOVERNMENT. 

county in all civil actions to which it is a party ; to give 
legal advice to county officers when called upon so to do ; 
and, in general, to act for the county in all cases in which 
its legal interests are affected. He is the county's coun- 
sellor at law. 

174. The County Clerk. — The recording officer of the 
court is the clerk. In some States the duties of the county 
clerk are divided and performed by special officers, such 
as the recorder of deeds, the register of wills, and the pro- 
thonotary. The clerk is usually elected by the people, and 
is paid a salary drawn by order upon the county treasurer, 
or is paid in fees. In his office is recorded the judicial 
business of the court, and he issues the greater part of the 
legal papers used by it in the trials of causes. The seal of 
his office, when properly affixed, is proof of the genuine- 
ness of a legal paper. The people are constantly buying 
and selling land, making agreements, executing deeds and 
mortgages, making wills, forming partnerships and con- 
tracts of various kinds. All transfers of property in the 
county showing the chain of title to lands, the. copy of all 
wills that have been entered of record according to law — 
or, as is said, probated, or proved, according to law — are 
recorded in the clerk's office. The industrial rights of the 
people, as they find expression in legal form by contract 
or agreement, are recorded and registered. The law re- 
quires the recording of all deeds, wills and mortgages 
within a certain time. So important is the matter of time 
that every paper entered of record is marked with the ex- 
act day of presentation ; many papers, such as mortgages, 
are marked with the exact hour of the day when present- 
ed. The purpose of so much detail is to fix exactly the 
time when a claim of right is made. Claims of right often 
rank according to their priority. 

175. The County Commissioners. — The interests of 
the county are entrusted by the people to officers usually 
called the county commissioners. Like the burgess or the 



THE PEOPLE AND THEIR HOME AFFAIRS. 101 

mayor of a town, they are chosen to see that the laws per- 
taining to the county are faithfully executed. They exer- 
cise supervision over the public buildings of the county, 
such as the court-house, the jail and the poor-house ; they 
apportion the taxes to be raised by the county among the 
townships and towns ; they instruct the assessors ; they 
verify the standards of weights and measures, so that the 
people shall not be cheated by false balances ; they pro- 
vide suitable polling-places throughout the county ; they 
authorize the payment of county funds, and represent the 
county when a suit at law is on trial in which the county 
is a party. The laws regulating their duties are passed by 
the State legislature. 

176. The Overseers of the Poor. — The overseers of 
the poor are officers appointed or elected to take care of 
the poor of the county with money furnished to them for 
that purpose by public authority. Their duties are regu- 
lated by the law of the State. 

177. The County Surveyor or Engineer. — In order 
to secure accuracy and skill in the construction of roads 
and bridges and in the survey of land, many counties em- 
ploy an engineer. He is frequently consulted concerning 
the topographical interests of the county, and his know- 
ledge tends to bring all engineering work done for the 
county to a desirable uniformity and economy. He is- 
sues maps of the county, makes plots of various surveys, 
and frequently serves the cause of justice by surveying 
disputed claims. 

178. The County Coroner. — The principal duty of 
the coroner is to hold an inquisition, commonly called 
" the coroner's inquest," with the assistance of a body of 
bystanders, called "the coroner's jury," over the body of 
any person who may have come to a violent death or who 
has died in prison. The duties of the office- are of great 
importance to society, both in bringing murderers to pun- 
ishment and in protecting innocent persons from accusa- 



102 CIVIL GOVERNMENT. 

tion. The coroner, if not a physician, may summon a 
physician to his aid. 

179. The County Superintendent of Schools. — 
This officer is chosen in one of three ways : by direct vote 
of the county electors ; by election in a convention of the 
school directors of the county ; or by appointment of the 
State superintendent of public instruction. His duties 
are — to administer a system of public schools in the 
county; to examine and license teachers; to conduct 
teachers' institutes; to visit schools; generally to promote 
the educational interests of the county; and to report, 
annually, to the State superintendent, the condition of 
the schools under his superintendence. 

180. The County Treasurer. — This officer receives 
all moneys paid into the county treasury, such as taxes, 
fines, and license-fees, and is under bonds for the faithful 
performance of his duties. The tax-collector's books are 
filed in his office. He pays out the county's money upon 
warrant signed by the county commissioners or by other 
officers, as provided by law. He is usually elected, and in 
most of the States cannot serve two terms consecutively. 
In his office are preserved the financial records of the 
county. 

181. The County Auditors. — It is the duty of the 
county auditors to examine the accounts of officers who 
have received and disbursed the county's money, and 
to publish an annual report of the county finances. 

The City. 

182. Incorporation. — A city is an incorporated town 
or borough. The deed of incorporation is the city charter 
granted by the State legislature. The charter names the 
city, erects it into a political community distinct by itself, 
enumerates its privileges, defines the duties of its officers, 
and empowers the municipal government to act independ- 
ently of the State government; but its action must not con- 



THE PEOPLE AND THEIR HOME AFFAIRS. 103 

flict with the constitution of the State or of the United 
States. A borough is an incorporated village, partaking 
of the general character of a city in its civil government, 
but the borough is smaller than the city and its interests 
less complex. 

183. Reason for Incorporation. — The people of a 
city are brought into closer relations politically, indus- 
trially and socially than are the remaining people of 
the State. A closer association compels them to adopt 
a form of government that will protect them in their 
rights and ensure to them and to others who have rela- 
tions with them the promotion of the general welfare. 
One-fourth of the entire population of the United States 
dwell in cities. The rapid increase of our urban popula- 
tion has made municipal government a grave problem in 
this country.* The interests of the city are so numerous 
and so intense that in the solution of the problem, What is 
the best city government ? our principal cities have tried 
several systems of municipal government. But the object 
of them all is to secure the rights of the thousands who 
are so closely associated. 

184. City Government. — The government of a city is 
tripartite. The executive is the mayor ; the legislature is 
the council or board of aldermen; the judiciary is the 
courts. The courts of a city are the courts of the county 
in which the city is located ; in addition to which, for the 
trial of petty offences and minor causes, there are police 
courts and magistrates' courts, which correspond to th? 
justice's court of the township. The council is generally 
composed of two branches: a common council, whose 
members are chosen annually, and a select council, whose 
members are chosen for a longer term. The administra- 
tive officers of the city are usually the chief of police and 
his aids ; the city solicitor ; the assessors and collectors of 

* See Table, p. 293. 



104 CIVIL GOVERNMENT. 

taxes; the city treasurer; the city auditor or controller; 
the superintendent of schools; and the officers connected 
with the various departments of the city government, such 
as the departments of fire, water, public works, health, 
charities, parks, highways, building inspection, and the 
many other interests incidental to a large and compact 
population. 

185. Duties of Officers. — The duties of city officers 
are similar to those of like character in the county. The 
government of the city is entrusted to its council. This 
body fixes the rate of taxation, and makes all appropria- 
tions for public works, public improvements, highways, 
city buildings, city schools, salaries of city officers, and 
miscellaneous objects. Usually the fire and police depart- 
ments are under the immediate control of the mayor. 

186. Wards and Precincts. — A city, for convenience 
in its organization and government, is divided into wards, 
and the wards are subdivided into precincts or polling 
divisions. Wards differ in size and in population in the 
same city. Each ward elects one or more representatives 
to each branch of the council, and usually a member of 
the city board of education. In some large cities there 
are also school directors for each ward who have charge 
of the schools in their particular ward. 

187. City Finances. — As the city is to a degree inde- 
pendent of the State, it has its own financial system. It 
borrows money, issues bonds for its debts, and engages 
in extensive public works requiring vast expenditures of 
money. The rapid increase of city indebtedness since 
1860 has led to the amendment of many State constitu- 
tions forbidding the cities of the State to contract debts 
beyond a certain percentage of the taxable wealth of the 
city. 

188. Reforms in City Government. — The financial 
disasters that have befallen some cities in this country 
have led to a movement toward reform in city govern- 



THE PEOPLE AND THEIR HOME AFFAIRS. 105 

ment. of which New York and Philadelphia are conspic- 
uous examples. These reforms are — 

1. The constitutional limitation of the city to create 
indebtedness. 

2. Constitutional inhibition on the State legislature to 
interfere with the administration of the city unless re- 
quested to do so by the people of the city. 

3. Revision of the city charter, so as to centre responsi- 
bility in the mayor and the council or board of alder- 
men, and to subordinate the administrative officers of the 
city to the mayor and to the council. 

189. City Institutions. — A city is compelled to create 
public institutions for the welfare of its people. These 
institutions may be classified as charitable institutions, 
reformatory institutions, institutions for the punishment 
of offenders, and educational institutions. The mainten- 
ance of these institutions, the care of streets, the erection 
of water- and gas-works, the equipment of a fire depart- 
ment, and of an adequate police force for the protection of 
life and property, and the necessity for numerous officers 
to serve the inhabitants of the city in various capacities, 
cause the taxes in the city to be much greater than in the 
rural districts or in the town or village. 

190. Representation of Cities. — As the lower house 
of the national legislature and both houses of the State 
legislature are composed of members chosen according to 
population, the city generally sends several members to the 
State legislature, and to the national House of Representa- 
tives one member for every 173,901 of its population. 

191. The City and the State. — The city is a political 
unit of its kind. It is a centralization of humanity and 
of human interests. The government of a city is often 
more complex than the government of the State in which 
it is located. The city is independent of the State so far 
as independence is permitted by the charter which the 
State grants. 



106 CIVIL GOVERNMENT. 



The State. 

192. Its Nature. — A State is a political community of 
free citizens, occupying a territory of denned boundaries, 
and organized under a government sanctioned and limited 
by a written constitution and established by the consent 
of the governed. Each State or commonwealth maintains 
a republican form of government. 

193. Its Government. — The government of the State 
is tripartite, and is entrusted by the people of the State, 
under a written constitution, to executive, legislative and 
judicial officers, who are nominated in State conventions, 
and who are elected by the electors of the State. 

194. State Conventions. — For the choice of can- 
didates for State offices the representatives of different 
political parties assemble in their own conventions. The 
representatives are delegates locally chosen, and are often 
under promise to support some particular candidate ; such 
delegates are said to be "instructed." In State conven- 
tions nominations are made for governor, lieutenant-gov- 
ernor, secretary of state, State treasurer, State auditor, and 
in some of the States for judges of the State supreme court, 
and State superintendent of public instruction. 

Members of the national House of Representatives are 
nominated in Congressional district conventions. 

Members of the State legislature are nominated in con- 
ventions held in State senatorial districts and in State 
representative districts. 

195. The Executive. — The chief executive officer is the 
governor, elected for a term of years. It is his duty to see 
that the laws are faithfully executed. He represents the 
unity and power of the people of the State. He is com- 
mander-in-chief of the militia of the State, except when it 
is called into the service of the United States. He nomi- 
nates to the legislature, usually to the State Senate, all State 



THE PEOPLE AND THEIR HOME AFFAIRS. 107 

officers not elected by the people and officers to fill vacan- 
cies until an election can be held. He commissions all 
officers whom he appoints. He has the power to grant 
reprieves and pardons ; * signs bills passed by the legisla- 
ture, if he approves them, or, if he disapproves, refuses to 
sign, which refusal is called a veto. In some States he 
may disapprove a part of an appropriation bill and ap- 
prove the remainder. The title by which he is addressed 
is " His Excellency the Governor." 

196. The Legislature or General Assembly. — The 
legislative department is vested in two bodies called re- 
spectively the House of Representatives, the lower house, 
and the Senate, the upper house. The two houses com- 
prise the State legislature. The legislature makes the laws 
for the State, which must not conflict with the Federal Con- 
stitution nor with that of the State. These laws provide 
for the dealings of the citizens with each other, for the 
organization and government of corporations, for the pre- 
vention and punishment of crime, and for the establish- 
ment and support of charitable and educational institu- 
tions. It is the duty of the legislature to make such laws 
as will promote the general welfare of the people of the 
State. All the laws of the State are enacted " by the au- 
thority of the people of the State." The State is divided 
by the legislature for election purposes into representative 
or assembly districts, State senatorial districts and Congres* 
sional districts. The representative districts are the more 
numerous, and are arranged with reference to local inter- 
ests. The senatorial districts are arranged with reference to 
groups of interests, such as those of a county or of a city. 
The term of service for the House of Representatives is 
shorter than that for the Senate. The powers of the two 

* In some States the governor can exercise the pardoning power only 
on the recommendation of a board of pardons provided for by the con- 
stitution of the State. 



108 CIVIL GOVERNMENT. 

houses are generally the same, except that in some States 
the lower house has the exclusive right to levy taxes and 
to originate bills for the expenditure of money, and the 
Senate has the exclusive right of confirming appoint- 
ments made by the governor. The time allowed by law 
for the meeting of the legislature is called the session. 
The regular session varies in the different States from 
forty to one hundred and fifty days. The tendency in 
the later constitutions is to limit the length of the ses- 
sion and to have it biennially. Legislators are paid not 
less than three nor more than eight dollars per day for the 
session; they are allowed a certain sum of money called 
mileage to pay their travelling expenses in going to and 
returning from a session of the legislature, and are allowed 
a small sum for stationery and postage * 

19T. The Judiciary. — The judicial power of the State 
is vested in the supreme court, called in some of the States 
the court of appeals. The States differ as to the mode of 
appointment, the term of service, the compensation, and 
the number of judges constituting the court. The State 
constitution prescribes the mode of appointment of the 
judges and the jurisdiction of the court, and empowers 
the State legislature to modify the court from time to time 
as occasion requires. Usually the number of judges com- 
prising the court and their salary are determined by the 
legislature. Most of the cases decided in the supreme 
court are brought before it by appeal from the county 
courts, although it also decides cases that originate in the 
supreme court. The decision of the supreme court of the 
State is final, excepting for a certain class of cases desig- 

* The State legislature is the expression of the political opinions of 
the electors in the State. As the members of the two houses are not 
all elected at the same time, it sometimes happens that the majority of 
the State Senate is of a different political party from the majority of 
the lower house. Thus the Senate may be Kepublican and the House 
Democratic, 



THE PEOPLE AXD THEIR HOME AFFAIBS. 109 

nated by the Federal Constitution, which cases may be 
appealed to the United States courts.* 

198. Administrative Officers. — The State govern- 
ment also provides for officers whose duties are chiefly 
to administer the laws. The principal administrative 
officers are — 

1. The lieutenant-governor, who presides in the State 
Senate, and in case of the absence, disability or death of 
the governor succeeds him as governor of the State. 

2. The secretary of state, who is the agent of official 
communication between the State and other States and 
the United States. He is the keeper of the archives of the 
State, and prints or causes to be printed the laws as they 
are passed. He attests the signature of the governor in 
all official documents. 

3. The State treasurer, who is the keeper of the moneys 
belonging to the State. He is under bonds with sufficient 
securities. He receives all money raised by taxation for 
State purposes, all fines, penalties and revenue from the 
sale of State lands and other sources, and pays out money 
only upon warrants duly presented to him according to 
law. 

4. The State auditor examines the financial accounts of 

* In Massachusetts and Rhode Island the term of service of the 
judges in the supreme court of the State is for life. In Delaware the 
judges retire at seventy years of age. In the remaining States the 
judges serve for a definite term, varying from a term of two years in 
Vermont to a term of twenty-one years in Pennsylvania. In six of the 
States — Connecticut, Georgia, Rhode Island, South Carolina, Vermont 
and Virginia— the judges are elected by the State legislature. In 
four States — Delaware, Louisiana, Mississippi, and New Jersey — the 
judges are appointed by the governor with the approval of the State 
Senate. In Maine, Massachusetts, and New Hampshire, the judges are 
appointed by the governor with the approval of the council. In the 
remaining States the judges are elected by the people. The salaries of 
the judges vary from $2000 per annum in Oregon to $8500 per annum 
in Pennsvlvania. 



110 CIVIL GOVERNMENT. 

all State officers and makes an annual report of the condi- 
tion of the finances of the State. His duties are of great 
importance in determining the exact financial condition 
of the State. 

5. The attorney-general of the State, who is the legal 
adviser of the governor. He is usually appointed by the 
governor, and is a man learned in the law. His opinions 
have great weight in influencing the governor in the exer- 
cise of his executive duties. 

6. The State superintendent of public instruction, who 
is the chief officer in the State system of public schools. 
He has in his care the entire public educational inter- 
ests of the people of the State. He decides questions of 
law and of procedure in school affairs, and his decisions 
are usually upheld by the courts. He appears before 
the legislature of the State in the interests of the schools, 
and reports their condition and needs at regular times in 
a printed report to the legislature. His principal duty is 
to secure uniformity, harmony and practical results in the 
public schools. He is appointed by the legislature or by 
the governor, or is elected by popular vote. 

7. The commissioner of labor statistics examines into 
such industrial interests as the hours, wages and returns 
of labor; the employment of children in factories; the 
sanitary conditions of labor; the prices of commodities; 
and, in general, the industrial rights and duties both of 
the individual and of the State. 

8. Each State has usually a State librarian, who is in 
charge of the State library ; a State printer ; an insurance 
commissioner, who examines into the condition of the 
various insurance companies doing business in the State ; 
and railroad or canal commissioners, whose duty it is to 
examine into the operations of all railroad and canal com- 
panies so far as the business of these companies comes 
within the jurisdiction of the State. 

All officials whose duties are administrative make an- 






THE PEOPLE AND THEIR HOME AFFAIRS. Ill 

nual reports to the State legislature of the condition of 
the public interests committed to their charge. These 
reports are published by the legislature as public docu- 
ments for general distribution. 

199. The Supreme Law of the State. — The supreme 
law of a State is its constitution. The people of a State 
have the right to frame a new constitution at their pleas- 
ure.* Several States have had two or more constitutions. 
From time to time public opinion changes and laws and 
constitutions reflect these changes. The tendency of the 
past century in American thought has been toward greater 
liberality in opinion, politically, industrially, socially and 
morally. The old " blue laws " of Connecticut would not 
be tolerated now. The greatest changes in the State con- 
stitutions and laws have been made in the recognition of 
political and civil rights. The declaration that all men 
are created equal has slowly affected the character of all 
our laws, and the laws enacted at the present time respect- 
ing labor, amusements, punishments and freedom of opin- 
ion are widely different from the laws enacted on the same 
subjects soon after the American Revolution. The eight- 
eenth and nineteenth centuries in America settled for ever 
that government should be constituted in three depart- 
ments, and with almost equal clearness what rules and 
principles should be observed in the exercise of authority. 
At the present time the grave problem before legislators is 
to what departments of human affairs that authority shall 
extend. 

The rights secured by the constitution and laws of the 
State are — personal security, personal liberty, private 
property, protection of public property, freedom of wor- 
ship, freedom of speech and of the press, trial by jury, 
public meeting, the writ of habeas corpus, the obligation 
of contracts, the exemption of the citizen from unreason- 

* See Table, p. 294. 



112 CIVIL GOVERNMENT. 

able searches and seizures of his person or of his effects, 
and from cruel and unusual punishments ; and the su- 
premacy of civil over martial law. 

200. Constitutions of New States. — As the West- 
ern States have framed constitutions, the influence of the 
Eastern States has been almost paramount. The Western 
States have framed their constitutions after two models: 
the States north of the Ohio River have followed the 
model of Massachusetts; those south and west of the 
Ohio River have followed the model of Virginia. When 
California framed her first constitution in 1849 the conven- 
tion that met at Monterey took into consideration the con- 
stitutions then in force in New York and Iowa as the basis 
for the constitution of California, because many members 
of the convention had once lived in those States. Iowa 
had modelled her first constitution upon that of New 
York, and New York had been influenced by that of 
Massachusetts. Thus many of the provisions of the 
constitution of Massachusetts found their way into the 
first State constitution of California. The constitution 
of Massachusetts, the first framed by the people of that 
State, is still in force and is the oldest State constitution 
in America. It has been amended several times. 

201. State Institutions. — For the welfare of its peo- 
ple the State maintains public institutions of the nature 
of those maintained by cities. For the support of asy- 
lums, penitentiaries, reformatories, prisons, scientific insti- 
tutions, schools, colleges and universities the State makes 
grants of land or appropriations of money. Appropria- 
tions for these and for other purposes compel the levying 
of a tax upon the people of the State. 

202. Taxation. — The State tax is levied by the State 
legislature. The right of the State to tax property within 
the State is a sovereign right necessary to the existence of 
the State. Taxation is just, necessary and advantageous 
both for the State and for the individual. A tax is a con- 



THE PEOPLE AND THEIR HOME AFFAIRS. 113 

tribution imposed by government on individuals for the 
service of the State. This service consists chiefly in the 
protection of the industrial, political, social and moral 
rights of individuals. A single individual alone could 
not protect his rights, but by association in government 
all individuals are protected. The tax paid by the indi- 
vidual is not sufficient of itself to obtain for him all the 
rights to which he is entitled ; it would not educate his 
children, nor pa} 7 a person to protect his property, nor 
maintain good roads. When every individual is taxed, 
and the State thus obtains a large sum of money, the 
means is thereby provided for the protection of all the 
rights of each individual. That which could not be 
accomplished by the individual alone is easily accom- 
plished by the association of individuals in government 
and by a system of public taxation. 

203. Income of the State. — The income of the State 
is derived from taxes, fines, penalties, licenses, fees of ad- 
ministrative officers, land sales, interest on loans, profits 
on industries engaged in by the State, the sale of fran- 
chises to corporations, and from the estates of persons 
dying without heirs,' whose property by law becomes the 
property of the State. 

204. Title to Land in the State. — When the Amer- 
ican colonies became States, each State became the source 
of all land titles within its own jurisdiction. If the title to 
the land is vested in any private person, he holds it sub- 
ject to the perpetual claim of the State for taxes on the 
property. 

205. Boundaries of the State. — The boundaries of 
the original thirteen States were determined by royal 
charters and by actual settlement. The king and his 
advisers were totally ignorant of the geography of Amer- 
ica, and the charters bred hopeless confusion in colonial 
boundaries which led to disputes between some of the 
States. The map (p. 128) shows the claims of. the East- 



114 CIVIL GOVERNMENT. 

em States in 1781 and the State cessions to the United 
States. Every State boundary has been accurately sur- 
veyed. Some State lines have become historic, as the 
southern boundary of Pennsylvania, known as Mason and 
Dixon's line, after the names of the two surveyors who in 
1766 marked off the line as decided by the English Board 
of Trade. They placed the arms of Pennsylvania on the 
north face of the boundary-stones, and on the south face 
the arms of Lord Baltimore. The boundary owes its fame 
to the fact that it became the boundary between two in- 
dustrial sections of the country, the slave and the free. 
The Supreme Court of the United States alone has the 
authority to settle disputes as to the boundaries of a State. 

206. Regularity of Western States. — When a new 
State is admitted into the Union, Congress fixes its area 
and boundaries. The States and their county divisions 
formed by Congress out of the public domain are quite 
regular in contour. The difference between the contour 
and the county divisions of the old States and those of 
the new States shows how a strong national government 
can determine the shape and dimension of States.* 

207. The Township, the County, the City and the 
State Related. — The State includes the city, the town- 
ship and the county. The inhabitant of a city is subject 
to the jurisdiction of the city, of the county in which the 
city lies, and of the State in which the county is located. 
Each jurisdiction has a distinct character, and all com- 
bine to form the interests of the State. Each town or 
township is a part of the county ; each county is distinct 
from other counties in the same State ; the city by its 
charter is distinct from the county and from the State and 
from other cities in the State. All are protected by one 

* Examine a map of Virginia and a map of Kansas. Notice the 
irregular contour of the former State and of its counties and townships 
compared with the latter. 






THE PEOPLE AND THEIR HOME AFFAIRS. 115 

State constitution, and are amenable to it and to the laws 
of general application passed by the legislature. Each is 
a part of a political community, the State, and the State 
itself is part of a larger political community, the Nation. 
The township, the county, the city, the State, each within 
its own jurisdiction, is an independent political organiza- 
tion. 

The Territory. 

2 OS. Government in a Territory. — 1. Government in a 
Territory is tripartite. The governor, the judges, the sec- 
retary of the Territory, the marshal and the attorney for 
the Territory are appointed by the President, with the con- 
sent of the Senate, for a term of four years. The Territorial 
legislature consists of two houses, the Council and the 
House of Representatives, elected by the qualified electors 
in the several districts into which the Territory is divided. 
The legislature is empowered, by act of Congress, to make 
laws for the government of the Territory, and these laws, 
having been approved by Congress, prevail in the Territory. 
All township, district and county officers are either elected 
or appointed, according to the provisions of Territorial law. 
The electors in a Territory do not vote for Presidential 
Electors. Every Territory is entitled to send a delegate to 
the House of Representatives of the United States, to serve 
during the term of Congress to which he is elected. He is 
chosen by the qualified voters in the Territory. A dele- 
gate's function is to inform Congress of the condition and 
wants of the Territory which he represents. The delegate 
has the right of debating, but not of voting, in Congress. 
Each Territory is divided into three judicial districts, and 
has a supreme court and three district courts. There are 
also justices' courts. The marshal of the Territory executes 
all processes of the Territorial courts, and performs, in gen- 
eral, the duties of a sheriff in a State. The attorney for the 
Territory performs duties similar to those of a county or of 



116 CIVIL GOVERNMENT. 

a State attorney. All Territorial officers appointed by the 
President are paid salaries out of the treasury of the United 
States, and Congress annually appropriates an amount for 
the expenses of the Territorial legislature which is the 
limit of legislative expenses in that Territory. 

2. How a Territory becomes a State. — When the peo- 
ple of a territory desire admission into the Union as a 
State, a petition to that effect from the territorial legisla- 
ture is presented to Congress by the territorial delegate. 
The petition is referred to the committee on territories. 
The committee, if favorable to the admission of the Terri- 
tory as a State, presents a bill to Congress, which, if ap- 
proved, becomes the enabling act providing for the admis- 
sion of the Territory. The enabling act defines the boun- 
daries and determines the name of the proposed State, 
and requires the electors of the Territory to elect dele- 
gates to a convention to prepare a constitution for the 
proposed State ; it specifies that the said constitution 
shall be republican in form, in harmony with the Con- 
stitution of the United States and with the Declaration 
of Independence, and it contains such other provisions 
as may be deemed necessary by Congress. 

When the constitution has been prepared by the con- 
vention it must be submitted to the electors of the State. 
If approved by a majority of the electors, a statement to 
that effect, together with a copy of the constitution is sent 
by the governor of the Territory to the President, who ex- 
amines the constitution, and if it is found to comply with 
the provisions of the enabling act, the President issues a 
proclamation declaring the State admitted to the Union. 

209. Definition of Government. — Having traced Gov- 
ernment from rude beginnings among savage tribes to some 
of its highest results among civilized people, we are now 
ready for a statement of its meaning. Government is the 
direction and control of human interests, and is founded upon 
human rights. 




Part III. 



THE NATION 



TJie Nation is formed as a power on the earth. It 
is invested with power of God; its authority is con- 
vej/ed through no intermediate hands, but is given 
of God. It is clothed with His majesty on the earth. 
It is ordained of God to do His service.— Mulford. 

You will have to look bach upon a century of 
national advancement without a parallel in history, 
and to look forward to its probable continuance upon 
a still larger scale, with an accumulation of high 
duties and responsibilities proportioned to an ever- 
growing power.— Gladstone. 

To the efficiency and permanency of your Union a 

government for the whole is indispensable 

TJiis government, the offspring of your own choice, 
uninfluenced and uuawed, adopted upon full in- 
vestigation and mature deliberation, completely free 
in its jjrinciples, in the distribution of its powers 
uniting security with energy, and containing with- 
in itself the provisions for its own amendment, has 
a just claim to your confidence and your support. 
Rnspect for its authority, compliance with its laws, 
acquiescence in its measures, are duties enjoined, by 
the fundamental maxims of true liberty.— -Washing- 



ton. 



117 



CHAPTER I. 

THE MAKING OF THE NATION. 

210. Elements of Nationality. — The elements of na- 
tionality are two : the People and the Land. The Nation 
has human nature for its foundation, men in political, 
industrial, moral and race association, the geographical 
unity of the land, the conscious life of the people, com- 
mon interests and a moral personality. One race, one 
land, one law, make a Nation. 

211. The Nation Different from the State.— The 
State is a political division of the Nation : it is a part of 
the whole political life of the people. Each State has 
local interests equal in importance with those of other 
States, but limited chiefly to the people of that State. 
The interests of the Nation are unrestricted by State 
boundaries, and are comprehensive. The rights of the 
Nation are true of all its citizens, the political people; 
the rights of the State are true strictly of the people who 
comprise that State. Therefore the Nation has a broader 
foundation than the State, because its rights are the most 
comprehensive rights of the people. The sovereignty of 
the State is local ; the sovereignty of the Nation is gen- 
eral. There need be no collision of these two authorities : 
each of them is an expression of the will of the people. 
The two sovereignties are two expressions of the associ- 
ation of rights and interests. Nor are these interests of 
State and of Nation far remote from each other; they 
unite in the citizen. As a citizen of a State I am inter- 
ested in things immediately near me : I am interested in 
the choice of local officers, in the honesty of the assessor 

118 



THE MAKING OF THE NATION. 119 

of taxes and in his sound judgment ; in the construction 
of strong bridges and durable roads in the township in 
which I live ; or, if I live in a city, I am interested in 
having an abundance of pure water, in having clean 
streets and sanitary drainage, in the protection of prop- 
erty from fire and flood, and in many other local matters. 

As a citizen of the United States I am interested in the 
general welfare of the whole land; in the policy of the 
Federal Government ; in the survey of the public domain ; 
in the uniformity of the currency, in banking operations, 
in postal facilities, and in the political rights of all citizens 
of the United States. I am interested in our relations 
with foreign nations, as in trade, commerce, social inter- 
course, the peace of nations and the civilization of man. 
There are many States, there are few nations. 

As a citizen of the State I am bound by local ties ; as a 
citizen of the Nation I partake of one of the highest of 
sovereignties and am one of a company of sovereigns. 
This national sovereignty becomes of highest concern to 
us as Americans, because it is founded upon free men; 
it exists by the consent and with the constant aid of a free 
people. The Nation thus becomes a personality moving 
in a larger field than the State. It becomes the embodi- 
ment of rights, of freedom, of law, of individuality, of the 
family, of morality. 

212. The Nation and the Constitution. — The Na- 
tion comes before the Constitution, as the maker exists 
before that which he makes. The Constitution is the sol- 
emn expression of the will of the Nation, and it may be 
amended as the Nation wills. The Constitution sets forth 
the aim and object of nationality, and the laws made by 
the national legislature simply define this aim, further this 
object and aid in the expression' of the will of the Nation. 
It follows that national interests are of such a comprehen- 
sive character that they are often difficult to understand. 
They seem to be far off, they seem to be almost foreign to 



120 CIVIL GOVERNMENT. 

us ; yet they are near us and of ourselves ; we are an inte- 
gral part of the Nation. Only those who live a national 
life can understand nationality; only those who think 
with the Nation can understand it. 

213. Purpose of the National Constitution. — The 
purpose in establishing the Constitution of the United 
States was — 

1. To form a more perfect union ; 

2. To establish justice ; 

3. To insure domestic tranquillity ; 

4. To provide for the common defence ; 

5. To promote the general welfare ; 

6. To secure the blessings of liberty to ourselves and 

our posterity. 

214. The Nation an Organism of Slow Growth. — 
It is difficult to tell when nationality begins to grow ; it is 
equally difficult to tell the precise moment when it is fully 
grown. But at intervals certain important events, under- 
stood after they have occurred, are seen to be steps toward 
nationality. Some of the movements toward American 
nationality are the following : 

215. The Union of 1643.— In 1643 the colonies of 
Massachusetts Bay, Plymouth, Connecticut and New 
Haven, in order to protect themselves against the Indians 
and the Dutch, formed a confederation called "The United 
Colonies of New England." The union represented twen- 
ty-four thousand people living in thirty-nine towns. It 
was a confederation of local interests, was pervaded by 
some narrow views by which several New England colo- 
nies were excluded from it, and it lasted only forty-one 
years. It was the first step "to form a more perfect 
union " in America. 

216. Penn's Plan.— In 1697, William Penn presented 
a plan of union for the American colonies to the English 
Board of Trade. Penn's plan proposed a national admin- 
istration for the colonies by means of a congress which 



THE MAKING OF THE NATION. 121 

should be presided over by a royal commissioner, and 
which should hear and adjust all matters of complaint 
between the provinces. It was never adopted. 

217. The Albany Plan.— At Albany, New York, June 
19, 1754, the commissioners from seven colonies met and 
formed a plan of union, which from the influence of 
Franklin in its formation is often called by his name. It 
was rejected by the colonies because it vested too much 
power in the king, and was rejected by the king because it 
vested too much power in the people. It is interesting as 
furnishing the basis of representation adopted later by the 
Continental Congress, namely, each State to have at least 
two representatives and not more than seven. This basis 
was also used in determining the representation of the 
States in the Senate of the United States by the Consti- 
tutional Convention of 1787. 

218. The First Declaration of Rights.— The Decla- 
ration of Rights issued in 1765 is a brief summary of the 
political and industrial rights claimed by the people of 
the colonies, and had a unifying influence upon the whole 
country. (See p. 241.) 

219. The Second Declaration of Rights. — The 
American Union may be said to begin with the Declara- 
tion of Rights of 1774, issued by the Continental Congress. 
'• It first expressed the sovereign will of a free nation in 
America." The Declaration and the Articles of Agree- 
ment of 1774 illustrate how inseparably the political, in- 
dustrial and social rights of the people were then associ- 
ated. 

220. The Declaration of Independence. — The Dec- 
laration of Independence, July 4, 1776, presents the causes 
that led to the separation of the American colonies from 
Great Britain. (See p. 244.) 

221. The Articles of Confederation.— The Articles 
of Confederation proposed by the States in 1777 became 
the first national Constitution in 1781 by their ratification 



122 CIVIL GOVERNMENT. 

by the requisite number of States. Experience demon- 
strated the defects of the Confederation to be — 

1. Congress had no power to enforce obedience to its 
laws. Local interests were supreme. 

2. The laws of Congress affected only the States, and 
could not reach the individuals in the State. 

3. Important legislation was almost impossible, as laws 
affecting the general interests of the United States could 
be passed only by the unanimous vote of the States. 

4. Congress had no authority to regulate commerce. 

5. The Articles could not readily be amended. 

6. The three departments of government were not dis- 
tinct. (See p. 250.) 

222. The Federal Constitution. — The Constitution 
of the United States was framed in convention at Phila- 
delphia, May-September, 1787, was submitted to the peo- 
ple for ratification, and went into operation March 4, 1789. 
It has been amended fifteen times, has been differently 
interpreted by various political parties in power, but has 
been administered by all parties in the spirit of its aim 
and object. The Constitution of the United States and 
the treaties and laws made under its authority comprise 
the supreme law of the land. (See p. 263.) 

223. The Ordinance of 1787.— On July 13, 1787, 
while the Constitution of the United States was in forma- 
tion by the convention, the Congress of the Confederation 
passed the celebrated ordinance for the government of the 
North-west Territory. This act declared that neither 
slavery nor involuntary servitude, unless for the punish- 
ment of crimes whereof the party had been duly con- 
victed, should ever exist north of the Ohio River in the 
North-west Territory. 

224. Effect of the Ordinance of 1787.— The ordi- 
nance of 1787 became in time the boundary of slavery in 
America, if not one of the agencies that caused its aboli- 
tion. It was passed when the western boundary of the 



THE MAKING OF THE NATION. 123 

United States was the Mississippi River, when Florida 
was Spanish territory, and when France had sold to Spain 
the entire continent west of the Mississippi. The act vir- 
tually divided freedom and slavery by a geographical line 
— the Ohio River and the southern boundary of Pennsyl- 
vania. As early as 1787 African slavery had almost dis- 
appeared north of Mason and Dixon's line. The efforts 
of the politicians to keep the two sections of the country 
balancing on the parallel of 36° 30' date from the passage 
of this ordinance, and continued until 1850. 

225. The Virginia and Kentucky Resolutions. — The 
Virginia Resolutions, written by Thomas Jefferson, and the 
Kentucky Resolutions, written by James Madison, were 
adopted by the legislatures of those States in 1798. They 
were a defence of the doctrines of slavery and of State 
rights, and they present the views of those opposed to the 
supremacy of the National Government. 

226. The Ordinance of Nullification. — In accord- 
ance with the principles advocated by the Virginia and 
Kentucky Resolutions, the State of South Carolina, dissat- 
isfied with the Government of the United States, passed an 
ordinance November 24, 1832, nullifying certain laws of 
Congress. This ordinance states the extreme doctrine of 
State rights, and was one of the steps toward the secession 
of that and other States from the Union in 1860-61. 

227. The People and Slavery. — One hundred and 
sixty-eight years after the introduction of African slavery 
into this country, it became the cause of one of the com- 
promises in the National Constitution, by which slavery 
was protected. Climatic laws separated the United States 
into two sections— a Northern, unsuited to slave-labor ; a 
Southern, in which slave-labor was considered profitable. 
By the acquisition of Louisiana, slavery became a larger 
problem in American life. Many inharmonious opinions 
prevailed, in various sections of the country, concerning 
slavery, but these opinions, in Congressional legislation. 



124 CIVIL GOVERNMENT. 

were harmonized by the enactment of the Missouri Com- 
promise in 1820, by the terms of which slavery was limited 
to that portion of the United States south of the parallel 
of 36° 30', with the exception of Missouri, which was ad- 
mitted as a slave State. During the next half century 
slavery rapidly became a national question involving 
political, social, industrial and moral rights. Extreme 
pro-slavery men wished to extend slavery all over the 
United States ; extreme anti-slavery men wished to abol- 
ish it. By the Mexican war additional area was obtained, 
and the question of the right of Congress to prohibit slavery 
in the Territories became a national issue. Slavery became 
a gigantic industrial and political problem in the country. 
It was commonly described as " a State institution." Until 
1855 twenty new States had been admitted into the Union 
— ten with constitutions permitting, and ten, forbidding 
slavery. Into the Territory of Kansas poured people 
from the North, hostile to slavery ; from the South, 
favorable to slavery. The first constitution framed by 
the people of Kansas prohibited slavery ; two years later 
(1857) the people of the Territory framed another con- 
stitution, permitting slavery, and again asked admis- 
sion into the Union. The Supreme Court of the United 
States in the same year decided in the Dred Scott case 
that the Missouri Compromise was unconstitutional and 
that Congress could not exclude slavery from the Terri- 
tories. The decision of the court was not unanimous. 
It did not settle the slavery question. That question essen- 
tially embodied the existence of the National Government 
and the relations of the several States to that Government 
and to each other. The struggle between hostile parties in 
Kansas began the inevitable contest which determined 
"whether this nation could exist half slave and half free." 
228. The Emancipation Proclamation. — President 
Lincoln, recognizing that the Civil War was essentially a 
struggle between freedom and slavery, by virtue of his war 



THE MAKING OF THE XATIOX 125 

powers under the Constitution, issued the Emancipation 
Proclamation January 1, 1863, by which slavery was 
abolished in certain districts of the country mentioned 
in the proclamation. This proclamation did not abolish 
slavery in the United States. Slavery was abolished by 
the ratification of the Thirteenth Amendment. The Four- 
teenth Amendment gives to all citizens of the United States 
the equal protection of the laws, and the Fifteenth Amend- 
ment declares that the right of the citizens of the United 
States to vote shall not be denied or abridged by the United 
States or by any State on account of race, color, or previous 
condition of servitude.* 

229. The "More Perfect Union."— The moral effects 
of the war lifted the Nation into a clearer consciousness 
of its duties and a keener appreciation of its rights. The 
political effects of the war are now most clearly apparent 
in the constantly centralizing tendency of all political 
powers in the Congress of the United States — a tendency 
not without grave dangers. A constant problem in gov- 
ernment with which the people of the United States deal 
is how to harmonize conflicting interests of local and 
national government. These interests meet in the electors 
in the Nation. In the citizen himself must be found the 
solution of the problem. For this reason the responsibil- 
ities, rights and duties of a citizen of the United States 
are of such a lofty character. For this reason it becomes 
necessary for the people of the United States to under- 
stand their ow r n civil institutions. The Nation was not 
made in a day, nor are its character and its fate yet fully 
determined. Each of us bears an essential and an influ- 
ential part in making it the Nation in which are realized 
all the lofty ideals of personal liberty, personal security, 
private property, freedom of speech and freedom of wor- 
ship with which our fathers were imbued a hundred years 

ago- 

* See foot-notes pp. 284, 286 and 287. 



CHAPTER II. 

THE PEOPLE AND THE LAND. 

230. Title of the People to the Land. — The eastern 
coast of North America from the 38th to the 67th degree 
of north latitude was claimed by England by reason of the 
discoveries of the Cabots in 1498. Colonization secured the 
English claim. The first charter was granted to Sir Wal- 
ter Raleigh by Queen Elizabeth, March 25, 1584. Many 
other grants and charters followed to companies and to 
individuals. The title to the land claimed by England in 
North America was, by the law of England, vested in the 
king. When the American colonies separated from Eng- 
land in 1776. the king's title to the land passed by right 
to the people of the thirteen States represented by the 
State Governments which were ordained and established 
at the suggestion of the Continental Congress, and since 
that time they have obtained a title to all the land pur- 
chased, ceded, conquered and received into the national 
domain from France, Spain, Texas, Mexico and Russia. 

231. The Original United States. — The treaty of 
Paris, September 3, 1783, between the United States, 
France and Great Britain, confirmed the title of the 
people to the land east of the Mississippi River south 
of Canada and north of the two Floridas, comprising 
about 830,000 square miles, of which 341,752 square 
miles were included in the area of the thirteen original 
States. The remainder, 488,248 square miles, comprised 
the lands then known as " the Western Territory," which 
was claimed by the States of Massachusetts, Connecticut, 

127 



128 CIVIL GOVERNMENT. 

New York, Virginia, North Carolina, South Carolina and 
Georgia. 

232. The Louisiana Purchase. — By the purchase of 
the province of Louisiana from France, April 30, 1803, the 
area of the United States was increased 1,182,752 square 
miles, at a total cost of $27,267,621.98, or three and three- 
fifths cents per acre. 

233. Purchase of the Floridas. — By the purchase 
from Spain of East and West Florida, February 22, 1819, 
the United States secured 59,268 square miles of land, at 
a total cost of $6,489,768, or seventeen and one-tenth cents 
per acre. 

234. Annexation of Texas. — By the annexation of 
the Republic of Texas, December 29, 1845, the national 
area was increased 274,356 square miles. 

235. The Purchase of California. — By the treaty of 
Guadalupe Hidalgo, February 2, 1848, there was obtained 
from Mexico an area of 522,568 square miles, costing 
$15,000,000, or four and one-half cents per acre. This 
purchase comprised the land in the present areas of 
California, Nevada, Utah, the greater part of Arizona and 
New Mexico and a part of Colorado. 

236. The Purchase of the Mesilla Valley. — By the 
Gadsden purchase of the Mesilla Valley from Mexico, 
December 30, 1853, an area of 45,535 square miles was 
obtained, costing $10,000,000, or thirty-four and three- 
tenths cents per acre. 

237. The Oregon Country. — The area comprised 
within the States of Oregon, Washington, and Idaho, 
250,000 square miles, belongs to the people of the United 
States by four titles : 

1. By discovery, Captain Gray, 1792 ; 

2. By exploration, Lewis and Clarke, 1805 ; 

3. By settlement, 1811 ; 

4. By treaty with Spain, 1819. 

238. The Purchase of Alaska. — Alaska was added 



18° Washington 13° 8° 3° 2° Easi 7° 


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LAND ACQUIRED V""""^ "' *f\f Mx, U../> K? 

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05° from Greenwich 90° 85° 80° 



THE PEOPLE AND THE LAND. 129 

to the national domain by its purchase from Russia, March 
30, 1867. This area covers 577,390 square miles and cost 
87.200,000, or one and nineteen-twentieths cents per acre. 

239. Purchase from States. — In 1802, Georgia sold 
to the United States the land now included in the States 
of Alabama and Mississippi north of the 31st parallel, 
88,578 square miles, for $6,200,000, or ten and ten-elev- 
enths cents per acre. 

In 1850 the United States purchased from Texas 96,707 
square miles of land, lying in the south-west corner of 
Kansas, in the south-eastern corner of Colorado, in the 
eastern portion of New Mexico, and in the public land 
strip north of the Pan-Handle of Texas. This purchase 
cost 816,000,000, or twenty-five and seventeen-twentieths 
cents per acre. 

240. State Cessions to the United States. — In order 
to pay the debt created by the Revolutionary War several 
States ceded their Western land to the National Govern- 
ment, as follows : 

New York, March 1, 1781, 315^0 square miles, compris- 
ing the land known as the Triangle in Pennsylvania. The 
Triangle (Erie county) was sold to the Commonwealth of 
Pennsylvania by the United States in 1792 for $150,640.25. 

Virginia, March 1, 1784, a large portion of the territory 
now included in Ohio, Indiana and Illinois. 

Massachusetts, April 19, 1785, 54,000 square miles in 
Michigan and Wisconsin. 

Connecticut, September 13, 1786, and May 30, 1800, 
40,000 square miles now included in the northern part of 
Ohio, Indiana and Illinois. 

South Carolina, August 9, 1787, 4900 square miles in 
Georgia, Alabama and Mississippi. 

North Carolina, February 25, 1790, 45,600 square miles 
in Tennessee, although, as Tennessee was almost covered 
with reservation already made by North Carolina in favor 
of Revolutionary soldiers, the cession was only nominal. 

9 



130 CIVIL GOVERNMENT. . 

241. The Public Domain. — The Public Domain com- 
prises all the land belonging to the people of the United 
States, except the area of the thirteen original States as 
they now exist, and the area of Texas, which came into 
the Union by annexation and has a land system of its 
own. 

The area of the Public Domain is 1,849,072,587 acres, 
which for purchase, quieting of Indian title, survey and 
expense of selling has cost $351,981,160.32, or nineteen 
and one-third cents per acre. 

242. The Survey of the Public Domain.— The 
survey of the Public Domain is under the control of 
Congress, and was inaugurated by a committee of the 
Continental Congress in 1785. Thomas Jefferson was 
chairman of this committee. The committee recommend- 
ed that all public land should be surveyed into hundreds 
of ten miles square, a unit of measure which is traceable 
to the curious plan of government proposed for Carolina 
in 1669* At the suggestion of James Monroe, the town- 
ship, or hundred, as it was then called, was reduced to 
six miles square, and the sectional subdivision of the 
township was made one mile square, or 640 acres, a sug- 
gestion that gave us our system of public survey. Until 
1846 the Land Office was a part of the Department of the 
Treasury, but since 1846 it has been under the control of 
the Department of the Interior. 

243. How the Township is Formed. — The Govern- 
ment surveyors in making a survey first establish a princi- 
pal meridian. Twenty-four principal meridians have already 
been established, the first of which was the line dividing 
Ohio from Indiana. 

A parallel line crossing the principal meridian at right 
angles is then established, and called a base line. 

Every six miles apart, east and west of the principal 

* See % 78, p. 44. 



THE PEOPLE AND THE LAND. 



131 



meridian, another meridian is established, and every six 
miles apart, north and south of the base line, another 







G.M. 
















P.M. 




I 


















1 






c 
















1 


























1 1 
























L.L. 










































b 










































B.L. 












































































































a 






d 




















































1 


' 1 


' 1 


I 


1 




f 


! 


1 


I 


1 


1 


\ 


\ 



CL. 



B.L 



CL 



G.M. 



P.M. 



DrAGRAM OF A GROUP OF TOWNSHIPS, ETC. 

P. M. represents part of a principal meridian ; B. L., part of a base 
line ; G. M., part of a guide meridian ; C. L., correction lines, a is 
township 3 south, of range 2 east of the principal meridian ; b is 
township 3 north, of range 5 west of the principal meridian ; c is 
township 7 north, of range 8 west of the principal meridian; d is 
township 4 south, of range 10 west of the principal meridian. 

parallel line is established. These meridians and parallels 
are called township lines. 

The square tracts of land enclosed by the township 



132 



CIVIL GOVERNMENT. 



lines are called congressional townships* Each township is 
nearly six miles square ; not exactly, because the eastern 
and western boundary-lines of the township are meridians ; 
hence, on account of their convergence toward the north 
and divergence toward the south, a township is not a per- 
fect square, and the townships would constantly decrease 
in size toward the north and increase in size toward the 
south as the distance from the base line increased, ulti- 
mately defeating the purpose of the survey, were it not 

Township line north. 





6 


5 


4 


3 


2 


1 




7 


8 


9 


10 


11 


12 


■£ 














o 














> 


18 


17 


16 


15 


14 


13 


ft 














v. 

> 


19 


20 


21 


22 


23 


24 


c 














H 


30 


29 


28 


27 


26 


25 




31 


32 


33 


34 


35 


36 



Township line south. 
Diagram of a Township divided into sections of 640 acres each. 

for correction lines, which (in the eastern part of the Public 
Domain) are established every twenty-four miles north 
and every thirty miles south of the base line. A new 
meridian, called a guide meridian, is also established every 
fifty-four miles east and west of the principal meridian. 
By the use of the correction lines and the guide meridians 
the size of the township is restored. 

* The congressional township is not to be confounded with the civil 
township ; it is not a political division of the county, nor has it any po- 
litical organization. It is simply a tract of land, six miles square, insti- 
tuted to afford a convenient method of recording and describing land. 



THE PEOPLE AND THE LAND. 



133 



Townships are numbered in order north and south of 
the base line, and in ranges east and west of the principal 
meridian. 

244. Sections. — Each township is divided into thirty- 
six sections. Each section is one mile square, and con- 
tains nearly 640 acres,* divided into sixteen tracts of 40 



c 

a 

b 



Diagram of a Section divided into tracts of 40 acres each. — As- 
suming the diagram of the section to be section 6 in township 5 north, 
of range 2 west of the sixth principal meridian, lot a would be de- 
scribed as the N. W. \ of the S. W. \ of Sec. 6 in township 5 north, of 
range 2 west of the sixth principal meridian ; lot 6 is the S. E. \ of the 
S. W. t of Sec. 6 in township 5 north, of range 2 west of the sixth 
principal meridian ; lot c is the N. W. \ of the N. W. | of Sec. 6 in 
township 5 north, of range 2 west of the sixth principal meridian, and 
may be abbreviated thus : N. W. | of the N. W. \, Sec. 6, T. 5 N., K. 2 
W. of 6th P. M. 

acres each. The lines that bound the sections are called 
section lines. Sections are numbered from east to west 
and west to east alternately. 

As the survey works westward, fractional or imperfect 
sections are located on the west side of the township. 
The United States surveyors locate the " corners " of the 
sections and half-mile marks between the corners. Their 
work is then completed, and a natural object or an artifi- 

* As the lines forming the eastern and western boundaries of the 
section converge toward the north, the section is not a perfect square, 
hence does not contain exactly 640 acres. 



134 CIVIL GOVERNMENT. 

cial construction, duly registered on the surveyor's field- 
book, marks the survey. By this system a deed of land 
may be written in a few words, and it is intelligible to any 
person. Deeds of land in the older thirteen States are 
usually long and the boundaries are often obscure, the 
deed calling for " an oak tree " or " a certain pile of stones " 
or "a stump." Land in the Public Domain is easily 
located and described by lines of latitude and longitude. 

The munificence of our Government in providing land 
for the people has been an important element in the settle- 
ment of the newer States. It opened the way for a vig- 
orous, progressive and law-abiding people in regions which 
a few years ago were wild Indian lands. 

245. Disposition of the Public Domain. — 1. School 
Lands. — Every sixteenth section, and in some States and 
Territories every thirty-sixth section additional, has been 
set apart by Congress as school lands for the benefit of the 
States formed out of the Public Domain. All the States 
in the Union have received lands or land scrip as a school 
fund for common schools and for the endowment of State 
educational institutions, usually for agricultural and me- 
chanical colleges. The total area thus granted is more than 
100,000,000 acres. AH this land is estimated to be worth 
at least $1.25 an acre, but much of it has been sold at a 
higher price. Never before in the world's history was 
such a munificent national gift for educational purposes. 
The splendid school edifices of the new States and the 
rapid increase of schools in the West are due to the sale 
of school lands* 

*In townships on the Public Domain established by the Govern- 
ment survey, public roads are usually located on each section line, so 
that the highways of the township divide it into squares of one 
mile each. Schoolhouses are usually located at each alternate cross- 
road, thus giving nine schoolhouses, two miles apart, to each town- 
ship. The schoolhouse stands at the centre of a school district two 
miles square. 



THE PEOPLE AND THE LAND. 135 

2. Canal Lands. — The will of the people for internal im- 
provements led to the grant of 4,424,073.06 acres of the 
Public Domain from 1824 up to 1892 as an aid and an 
incentive in the construction of canals. 

3. Railroad Lands. — From 1850 until 1880, Congress gave 
to railroad corporations 155,504,994.59 acres of the Public 
Domain. The gift of an imperial domain for the purpose 
of increasing the facilities of transportation has caused the 
construction of several trunk-lines from the Atlantic to the 
Pacific, and has brought all parts of the United States into 
intimate political, industrial and moral association. The 
munificent grant to railroads has had a nationalizing tend- 
ency and has caused the rapid settlement of the Missis- 
sippi Valley and the Great West. 

4. Homesteads.— On the 20th of May, 1862, President 
Lincoln approved and signed " An act to secure home- 
steads to actual settlers on the Public Domain." By this 
act the head of a family, man or woman, or any single 
person, twenty-one years of age, who is a citizen of the 
United States, or person who has declared an intention 
of becoming such, has the right to locate upon one hun- 
dred and sixty acres of unoccupied public land of the 
Public Domain. The settler must enter the land in a 
United States land-office and live continuously upon the 
land for five years. If he is a full citizen of the United 
States and has complied with the homestead law, he will 
receive from the Federal Government a patent or deed for 
his land free of cost, excepting land-office fees, which are 
nominal. No person who is the proprietor of more than 
one hundred and sixty acres of land in any State or Ter- 
ritory can acquire any right under the homestead law. 

5. Pre-emptions. — One hundred and sixty acres of any 
unsold land belonging to the United States may be pre- 
empted by any citizen who is the head of a family, man 
or woman, or by any single person twenty-one years of 
age. The pre-emptor must settle upon and occupy the 



136 CIVIL GOVERNMENT. 

land and build a house upon it. Within thirty days from 
the pre-emption he must file a declaration of his intention 
to purchase the land. After living upon the land for one 
year continuously and improving it, he must present 
proof at the land-office of his occupancy and improvement, 
and pay for the land at the Government price, which is 
$2.50 per acre within the limits of the land granted to rail- 
roads, and $1.25 outside of such grants.* No person can 
acquire any right of pre-emption who is the proprietor of 
three hundred and twenty acres of land in any State or 
Territory, nor who quits or abandons his residence on his 
own land to reside on the public land in the same State or 
Territory. 

6. Indian Reservations. — Congress has set aside for the 
exclusive use of the Indian tribes, reservations on the 
Public Domain aggregating 154,436,362 acres. 

7. Military Reservations.— -For the use of the army of the 
United States, forts, barracks, etc., Congress has reserved 
1,679,580.07 acres. 

246. Income from the Public Domain. — The total 
income from the disposition of lands in the Public 
Domain up to June 30, 1889, was $262,079,181, or 
$89,901,979.32 less than the Public Domain has cost. 
The United States Government has received an immense 
return in the indirect income from the public lands which 
it has so freely granted. 

247. The Boundaries of the United States. — The 
boundaries of the United States were not settled until 

* The public lands of the United States are in Ala., Ark., Cal., Col., 
Fla., Idaho, 111., Ind., la., Kan., La., Mich., Minn., Miss., Mo., Mont., 
Neb., Nev., N. D., Ohio, Ore., S. D., Wash., Wis., Wy., Ariz., N. M., 
Old., Utah, Alaska, and make a total area of 567,586,783 acres. This is 
exclusive of Ohio, Indiana and Illinois in which only a few isolated 
tracts of vacant land remain. It is also exclusive of Alaska (369,529,600 
acres) ; of military and Indian reservations ; and of reservoir-site, tim- 
ber reservations, and unsettled railroad grants and claims. 



THE PEOPLE AND THE LAND. 137 

1872. Different sections of the boundaries of the nation 
were settled by the following treaties : 

1. The Atlantic boundary, from 31° north to the St. 
Croix River, was determined by treaty with England, Sep- 
tember 3, 1783. 

2. The source of the St. Croix River was determined by 
treaty with England, March 15, 1798 ; and the present 
boundary -line from the Atlantic Ocean to the river St. 
Lawrence was established by the Webster-Ashburton 
treaty with England, August 9, 1842. 

3. The boundary from the river St. Lawrence to Lake 
Superior was settled, according to the terms of the treaty 
of Ghent with England, by a commission that assembled 
at Utica, New York, June 18, 1822. 

4. From the western point of Lake Huron to the Lake 
of the Woods the boundary was fixed by the Webster- 
Ashburton treaty with England, August 9, 1842. 

5. From the Lake of the Woods to the Rocky Moun- 
tains the boundary was determined (1) by the treaty of 
London, with England, October 20, 1818 ; and (2) by con- 
firmation of this treaty by the Webster-Ashburton treaty 
of August 9, 1842. 

6. From the Rocky Mountains to the Pacific Ocean the 
boundary was determined with England, by the decision 
of the emperor of Germany as arbiter, October 21, 1872. 

7. The seacoast boundary of Florida was determined 
by treaty with Spain, February 22, 1819. 

8. From Florida to Texas the boundary was determined 
by treaty with France and the Louisiana Purchase, April 
30, 1803. 

9. The southern boundary of Texas was determined by 
the Mexican War, the treaty with Mexico and the annexa- 
tion of Texas, December 29, 1845. 

10. From the Rio Grande to the Gila River the bound- 
ary was fixed by treaty with Mexico and the Gadsden 
Purchase, December 30, 1853. 



138 CIVIL GOVERNMENT. 

11. From the Gila River along the Pacific coast to the 
42d parallel the boundary was determined by the treaty 
with Mexico at Guadalupe Hidalgo, February 2, 1848. 

12. The Pacific-coast boundary, from 42° to 49° north, 
was determined (1) by Gray's discovery, 1792 ; (2) settle- 
ment by Americans in 1811 ; (3) by treaty with Spain, 
February 22, 1819. 

13. The boundaries of Alaska were determined by treaty 
and purchase of Alaska from Russia, March 30, 1867. 

248. Rapid Growth of the Nation. — The rapid 
growth of the United States in area and in population, 
in wealth of all kinds, in educational facilities, means of 
transportation, agricultural resources, manufacturing and 
mining, has been unparalleled in modern times. 

In 1790 the population numbered 3,929,214 ; in 1900 it 
was nearly 80,000,000. 

In 1790 this population was scattered in a thin line 
along the Atlantic seaboard ; a century later it had spread 
over the continent. 

In 1790 the area of the United States was 830,000 
square miles; a century later, including Alaska, it had 
become 3,616,484 square miles. 

The Government of the people of the United States 
during the nineteenth century was determined in its 
character and its destiny by two important events : one, 
the abolition of property qualifications, of religious tests 
and of human slavery, resulting in the creation of a suf- 
frage in this country almost universal; the other, the 
acquisition of the National Domain, which imparts to the 
people of the United States a geographical unity. 



CHAPTER III. 

THE LAW-MAKERS AND THE LAWS. 

249. Sources of Our Laws.— When the authority of 
the king of England was overthrown in America, the peo- 
ple became the source of law, and they have delegated 
this power to the State legislatures and to Congress. In 
order to make plain the powers thus delegated, the State 
constitutions and the Constitution of the United States 
declare what law-making powers exist in the State and in 
the national legislature. The Constitution thus becomes 
the guide in all law-making. 

The council of a city makes the laws for the city. 
The State legislature makes the laws for the State. The 
Congress of the United States makes the laws for the 
nation. Its laws are called acts. An act or law of 
Congress, if in conformity with the Constitution of the 
United States, becomes one of the supreme laws of the 
land until it is repealed by Congress or expires by limit- 
ation of time. 

But our laws really are made by the people, because the 
law-makers are the representatives of the people* 

* Local-Option and Prohibition Laws. — The evils of intemper- 
ance have led to organized efforts in various States to control the manu- 
facture and sale of intoxicating liquors. The legislatures of some of 
the States have passed laws restricting or prohibiting the manufacture 
and sale of alcoholic liquors. These laws have been sustained by the 
Supreme Court of the United States as constitutional and within the 
power of a State legislature. In other States the legislatures have 
enacted laws by which the restriction or prohibition of the sale of 
liquor is left to the vote of the electors in each county, town or township. 

139 



140 CIVIL GOVERNMENT. 

250. The Congress. — When our national Constitution 
was under discussion in 1787 two political parties were in 
the Convention : one party wished to base the Constitu- 
tion upon the States; the other wished to base it upon 
the people. By a peaceful compromise both methods 
were followed in the organization of our national legis- 
lature. The Congress has two houses: one, the Senate, 
represents the States ; the other, the House of Representa- 
tives, represents the people — the two comprise the national 
legislature. The two branches of the legislature must act 
together in making a law. 

251. The House of Representatives. — Once in two 
years the electors in each State choose members of the 
House of Representatives. Any person who by the law 
of the State is qualified to vote for a member of the 
lower house in the State legislature may vote for a Rep- 
resentative in Congress. The election of Congressmen 
throughout the Union, with few exceptions, is held oi? 
the Tuesday after the first Monday of November .* 

252. Qualifications of a Representative. — A Repre- 
sentative must be twenty-five years of age, a citizen of 
the United States seven years, and an inhabitant of the 
State in which he is elected. National citizenship is of 
more importance than State citizenship in the qualifica- 
tions of a Representative: he may not have resided in 
the State long enough to gain a State residence, but he 
may be qualified as a citizen of the United States to be- 
come a member of the House of Representatives. 

253. Number of Representatives. — The membership 
of the House is fixed by act of Congress. Originally there 

The sale of liquor is thus determined by the option of the locality voting, 
and such localities are said to exercise "local option." Efforts have 
oeen made to amend the Federal Constitution and the constitutions 
of several of the States by adding a clause forbidding the manufacture, 
sale or importation of alcoholic liquors. 
* See Table, p. 296. 



THE LAW-MAKERS AND THE LAWS. 141 

was one Representative for every 30,000 inhabitants. Pop- 
ulation has increased so rapidly that had this apportion- 
ment continued the present membership of the House of 
Representatives would be over eighteen hundred. To 
avoid so great a number, Congress every ten years reap- 
portions the representation. From 1893 till 1903 the 
membership is one Representative for every 173,901 in- 
habitants, and Congress apportions its present number, 
357 members, among the States. The legislature of each 
State divides the State into as many Congressional dis- 
tricts as it has Representatives in Congress.* 

254. Vacancies in the House. — When a vacancy 
occurs in the representation of any State the governor 
of that State calls a new election, and the people choose 
a person to fill the vacancy. 

255. Officers of the House of Representatives. — 
The House chooses its own officers, consisting of a Speak- 
er — who is a member of the House — and a clerk, a ser- 
geant-at-arms, a doorkeeper, a postmaster and a chaplain, 
who are not members of the House. 

The Speaker is the principal officer of the House. He 
is chosen by his fellow-members, and usually by the mem- 
bers of his own party only. He is the third officer in the 
Government in rank, and as he represents the people and 
names all the committees of the House, thus shaping leg- 
islation, he is next to the President in power. When the 
Speaker is about to be elected the clerk of the last House 
presides until the election has been made. Members. of 
the House draw lots for their seats, but members of the 
same political party sit on the same side of the hall. 

The clerk keeps all the business of the House in order, 
but has nothing to do with the making of the laws. 

The sergeant-at-arms is the police officer of the House 
and sees that good order is observed. During the session, 

* See Table, p. 291. 



142 CIVIL GOVERNMENT. 

behind his seat, stands the symbol of the power of the 
House of Representatives, a slender bundle of ebony- 
sticks bound about and tied with silver bands. Each 
stick ends in a spear-head, and in the midst of the bundle 
of spears projects a short column surmounted by a silver 
globe upon which stands a silver eagle with outspread 
wings. This symbol of power is known as the " mace." 
It rests upon a marble standard when the House is in ses- 
sion, and is taken down when the session closes. In case 
of disorder in the House, or disturbance among the mem- 
bers, the sergeant-at-arms takes down the mace and moves 
toward the place of disorder. At sight of the mace every 
Representative becomes orderly. He knows that this 
ancient symbol, used for centuries in the Roman Senate, 
is the symbol of the power Of the people of the United 
States. 

The doorkeeper has charge of the room of the House 
of Representatives. 

Each daily session of the House is opened with prayer 
by the chaplain. 

256. Oath of Office. — As soon as the Speaker is elected 
he is escorted to the Speaker's chair by the member of the 
House who has served the greatest number of terms — called 
on that account " the father of the House " — who adminis- 
ters the oath of office to the new Speaker. The Speaker 
then administers the oath to the new members, who come 
up before him by States for that purpose. The oath is a 
solemn promise to support the Constitution and the laws 
of the United States and to perform the duties of office 
faithfully, with the help of God. The oath is taken by 
every member at the beginning of the session. The 
House is now ready for business, and the Speaker an- 
nounces the committees he has chosen, fifty-four in num- 
ber. The leading committees are — Ways and Means, 
Banking and Currency, Appropriations, Commerce, Rivers 
and Harbors, Foreign Affairs, Railways and Canals, Man- 



THE LAW-MAKERS AND THE LAWS. 143 

ufactures, Education, Labor, Patents, Pensions, Claims, 
Expenditures in the Various Departments, Enrolled Bills, 
Agriculture and Elections. 

257. The Senate. — The Senate of the United States is 
composed of two Senators from each State, chosen by its 
legislature for the term of six years. Each Senator has 
one vote. Several instances are on record of a Senator 
serving for four consecutive terms. 

258. Qualifications of a Senator. — A Senator must 
be thirty years of age, a citizen of the United States for 
nine years, and an inhabitant of the State for which he 
is chosen. 

259. Vacancies in the Senate. — If a vacancy occurs 
in the Senate during a recess of the State legislature, the 
governor of the State appoints a person to act as Senator 
until the legislature meets and fills the vacancy. 

260. Officers of the Senate.— The officers of the Sen- 
ate are the President, the secretary, the sergeant-at-arms, 
the chaplain, the postmaster, the librarian, and the door- 
keeper. None of these are members of the Senate. 

The Vice-President of the United States, elected by the 
people, is the President of the Senate, but he has no vote 
unless the Senate is equally divided. The other officers 
are chosen by the Senate, and their duties are similar to 
the duties of corresponding officers in the House of Rep- 
resentatives. 

2G1. Oath of Office— The Vice-President of the Uni- 
ted States, when inaugurated, takes the oath of office, and 
when he meets with the Senate on the first day of the ses- 
sion he administers the oath to the new Senators, who 
swear to support the Constitution and the laws of the 
United States. 

262. The President pro tempore. — As the Vice-Pres- 
ident may become President of the XTnited States, and as 
he may sometimes be absent from the Senate chamber, it 
might happen that the Senate would have no presiding 



144 CIVIL GOVERNMENT. 

officer. To avoid this difficulty the Senate, on the first 
day of the session or at such time as it pleases, elects, out 
of its own body, a president pro tempore, who presides when 
the Vice-President is absent. 

263. The Committees. — The committees of the Senate 
are not appointed by the Vice-President, but by a special 
committee from the Senate itself. The Senate committees 
change but little from year to year, and the Senator of the 
majority party longest on a committee is generally its chair- 
man. The leading committees of the Senate are Commerce, 
Finance, Foreign Relations, Inter-State Commerce, Judic- 
iary, Executive Departments, Railroads, Immigration, Pen- 
sions, Public Lands, and Military and Naval affairs. 

264. The Rules. — Each house makes its own rules, 
is the judge of the elections, returns and qualifications 
of its own members, and a majority of each house con- 
stitutes a quorum to transact business. There are also 
joint rules agreed to by both houses for mutual con- 
venience. 

265. The Journal. — Each house keeps a journal of its 
proceedings, and publishes it from time to time, except 
such parts as in its judgment require secrecy. 

266. The Session. — Each Congress continues two 
years and has two sessions. The first session, usually 
called the " long session," begins on the first Monday in 
December in the odd years, and continues until adjourned 
by vote of the two houses. The second session, usually 
called the " short session," begins on the first Monday in 
December of the even year and continues until noon of 
March 4th following. Neither house during the session 
of Congress may, without the consent of the other, adjourn 
for more than three days nor to any other place than that 
in which the two houses are sitting. The sessions of Con- 
gress, except the executive sessions of the Senate, are open 
to the public. Each house convenes at twelve o'clock, 
noon, and the daily session usually continues from four 






THE LAW-MAKERS AND THE LAWS. 145 

to six hours. The President may convene either or both 
houses on extraordinary occasions.* 

267. Impeachment. — The House of Representatives 
has the sole power of impeachment, and the Senate has 
the sole power to try all impeachments. If the House 
believes that an officer of the Federal Government should 
he impeached, it appoints a committee called the " man- 
aging committee," which presents the articles of impeach- 
ment before the Senate. In case of an impeachment the 
Senate sits as a court and its members are on oath or 
affirmation. If the President of the United States is on 
trial, the chief-justice of the Supreme Court of the United 
States presides in the Senate. In all other cases the Vice- 
President or President pro tempore presides. It would not 
be safe to allow the Vice-President of the United States to 
preside in the trial of the President, because he might be 
anxious to succeed to the Presidency, and therefore might 
decide contrary to the evidence presented by the House of 
Representatives. By constituting the chief-justice of the 
United States the presiding officer this temptation is re- 
moved. 

The first case of impeachment before the Senate, that 
of Senator William Blount in 1799, determined that only 
" civil officers " under the Constitution can be impeached, 
and that a United States Senator is not a civil officer. The 
cases that have come before the Senate since that time 
are — 1803, Judge John Pickering of the District Court of 
the United States, who became insane, was tried and ac- 
quitted ; 1804, Judge Samuel Chase of the Supreme Court, 
removed ; 1830, Judge James H. Peck of the Federal Dis- 
trict Court, acquitted ; 1862, Judge W. H. Humphries of the 



* The first session of the Fiftieth Congress began Monday, Dec. 5. 
1887, and adjourned Oct. 20, 1888, being the longest session in our his- 
tory. The second session began Monday Dec. 3, 1888, and adjourned 
March 4, 1889. 
10 



146 CIVIL GOVERNMENT. 

Federal District Court, convicted and disqualified from 
holding any office of honor, trust or profit under the 
United States, because found guilty of treason; 1868, 
President Andrew Johnson, acquitted; and 1876, Secre- 
tary of War W. W. Belknap, acquitted. A person im- 
peached under the Constitution and convicted, is liable 
also to indictment, trial, judgment and punishment ac- 
cording to law. Each house, with the concurrence of two- 
thirds of its members, may expel a member or otherwise 
punish him for a breach of its rules. 

268. Compensation of Congressmen. — Senators and 
Representatives are paid $5000 per annum, out of the 
Treasury of the United States. In addition to his salary 
each Congressman is allowed $125 a year for postage, 
stationery and newspapers ; and mileage, which is an allow- 
ance of twenty cents a mile for travelling expenses in 
going to and returning from a session of Congress. 

The reason for paying members of Congress from the 
national treasury is to make them independent of State 
influences, to enable them freely to consider the interests 
of the nation and not of their constituencies alone, and to 
enable men of limited means to become members of the 
national legislature. If there were no salary, Congress 
might become a body of wealthy men only, who might 
ignore the wants of their poorer fellow-citizens. 

269. Peculiar Rights of Congressmen. — The na- 
tional law-makers are amenable to the laws of the coun- 
try, but except for treason, felony, or breach of the peace * 
they are privileged from arrest while attending a session 
of Congress and in going to or returning from a session. 

For any speech or debate in either house a Congress- 

* A felony is a crime punishable by death or long imprisonment, 
usually in a State penitentiary. A breach of the peace is a violation 
of public order amounting to a misdemeanor, and is punishable by fine 
or short imprisonment. 



THE LAW-MAKERS AND THE LAWS. 14? 

man cannot be questioned in any other place ; he has full 
liberty of speech, subject to the rules of the house to which 
he belongs. If Congressmen were not peculiarly protected 
in this way, they might be detained on false pretences from 
attending the session of Congress, and if not free to speak 
and debate in Congress their action would be restricted ; 
outside influences would control the business of Congress 
and law-making would become forced legislation. 

270. Cannot Hold Two Offices. — While a member of 
Congress no Senator or Representative can hold any civil 
office under the Government of the United States, nor can 
any person holding any civil office under the United States 
at the same time become a member of either house. A 
member of Congress may be a State officer, unless the 
constitution of the State forbids ; but a member of the 
President's Cabinet cannot while a Cabinet officer become 
a Senator or a Representative. This is unlike the provis- 
ion prevailing in the British Government, which allows a 
Cabinet minister to be a member of Parliament. Nor can 
a member of Congress during his term of service hold an 
office that he has helped to create, otherwise members 
might be tempted to make remunerative offices for their 
own benefit. Another restriction on members of the 
national and of the State legislatures is against bribery: 
members found guilty of receiving bribes may be expelled 
and disqualified from holding office. If a citizen requests 
service from a Congressman — unless it be as an attorney- 
at-law, and even for some legal services a Congressman 
cannot accept pay, such as obtaining a pension — the law 
provides that he shall receive no pay. He is a public ser- 
vant. But Congressmen have many pressing public duties, 
and should not be troubled by applications and personal 
matters of a trifling nature.* 

* The Lobby. — Persons interested in obtaining the enactment of 
laws for their own benefit often frequent legislative halls for the pur- 



148 CIVIL GOVERNMENT. 

271. Titles. — Every member of Congress is addressed 
as " Honorable," and if the address is written the house 
to which he belongs is indicated ; as, Hon. J. E. Reyburn, 
M. C. — i. e. Member of the House of Representatives — or, 
Hon. John Sherman, U. S. S. — i. e. Member of the Senate 
of the United States. 

272. Revenue Bills. — All bills for raising revenue 
must originate in the House of Representatives, but the 
Senate may propose or concur with amendments as on 
other bills. A bill for raising revenue is a bill for levying 
taxes ; the Senate may originate a bill which requires the 
expenditure of money, but the House levies the tax re- 
quired by that particular bill. 

273. How the Laws are Made. — The laws of Con- 
gress are made in a uniform manner. If a bill is intro- 
duced by a member of the House of Representatives, 
the Speaker at once refers it to the proper committee* 
The member gives the bill to the clerk of the House, 
who hands it to the clerk of the committee. Each com- 
mittee has a room for consultation, and there, at the 
committee's pleasure, the bill is taken into considera- 
tion; if the committee delay too long in considering it, 
the member makes inquiry about his bill. If the com- 
mittee are favorable to the bill, they report this decision to 
the House. Reports from standing committees are usually 
called for at each daily session of the House, and they have 

pose of influencing the votes of legislators. Such influence may be 
legitimate, but it is usually pernicious. " Lobbying" is the name given 
to such influence by way of reproach. Lobbying may become the 
bribery or the intimidation of legislators, and defeat the very end of 
good government — the free expression of the will and the welfare of 
the people. 

* Any citizen of the United States may originate a bill and send it to 
a member of Congress, who introduces it or places it before Congress 
for its action. Many of the laws made by Congress have their origin 
in bills presented by request or petition of private citizens. This shows 
how closely the Government represents the immediate will of the people 



THE LAW-MAKERS AND THE LAWS. 149 

precedence over other business, unless some particular 
business is made the order for the day by vote of the 
House. When the report of the committee is received, 
the clerk takes the bill as the committee report it, and 
has it printed for distribution among the members. The 
bill is read three times by the clerk on three separate 
days; the House may order the three readings to be 
all on one day, but if a single member objects it must 
be read on three separate days. After the second reading 
it is debated and amendments may be made. The clerk 
then engrosses the bill, and reads it a third time to the 
House, when it is voted upon as an entire bill — that is, 
as it has been amended — and if it receives a majority 
of the votes of all the members, it is passed. The bill is 
then taken by the clerk to the Senate, to which body the 
clerk in a formal manner announces that the bill has been 
passed by the House and that the concurrence of the 
Senate is desired. 

The President of the Senate refers the bill to the com- 
mittee of the Senate having such bills in charge, by whom 
it is duly considered and reported to the Senate. The 
secretary of the Senate reads the bill three times on differ- 
ent days ; the Senate may order the three readings to be 
all on one day, but if a single Senator objects it must be 
read on three separate days. After the second reading it 
is debated. The Senate may amend by adding to or by 
taking from the bill as it came from the House. After 
the amendments are made and additions to the bill are 
engrossed the bill is read the third time, and if agreed to 
by a majority of all the Senators it is passed by the Senate. 

The secretary of the Senate takes the bill to the House, 
by which the Senate amendments, if any, are debated ; 
but the original bill, having been once debated by the 
House, is not again the subject of debate. If the 
amendments made by the Senate are agreed to by the 
House, the bill is passed finally. In both houses, on the 



150 CIVIL GOVERNMENT. 

final passage of a bill, the vote is taken by " yeas and 
nays," and the names of the members and the way they 
voted are entered on the journal of each house respec- 
tively. When the House has adopted the amendments 
as made by the Senate, the clerk of the House so informs 
the Senate, and the committee of the House known as the 
Committee on Enrolled Bills causes the bill to be accu- 
rately written in large script on parchment. The Speaker 
of the House signs this enrolled bill, and informs the rep- 
resentatives of his official action. Again the clerk of the 
House carries the now enrolled and partially signed bill to 
the Senate, and declares to that body that the Speaker of 
the House has signed the bill. The President of the Sen- 
ate signs the bill, stating the fact to the Senate. The 
bill is then returned to the House, where it goes to the 
Committee of Enrolled Bills, who carry it to the President 
of the United States for his signature. If he approves of 
the bill, he signs it, and sends his private secretary to the 
House announcing the fact. The President of the United 
States takes the bill and in person gives it to the Secretary 
of State, who causes it to be deposited among the archives 
of the Department of State, first having an accurate copy 
or copies made of the bill by the public printer. The bill 
has at last become a law. If the bill originates in the Sen- 
ate, the Senate takes the initiative in every step of the his- 
tory of the bill, and the President, having signed it, reports 
that fact to the Senate instead of to the House. All that 
now remains is for the President to see that the law is 
faithfully executed. 

If the President of the United States does not approve 
of the bill, he returns it to the house in which it orig- 
inated, with a message setting forth his objections to the 
bill and his reasons for not signing it. If any bill is not 
returned by the President within ten days (Sundays ex- 
cepted) after it has been presented to him, the bill becomes 
a law without his signature, unless Congress by adjourn- 



THE LAW-MAKERS AND THE LAWS. 151 

ment prevent its return. If he returns the bill unsigned, 
he is said to veto the bill, but if two-thirds of each house 
repass the bill over the veto, it becomes a law without the 
President's signature. Congress then sends the law to the 
Department of State, and the President is bound by his 
oath of office to see that the new law is " faithfully exe- 
cuted." 

State legislatures and city councils make their laws in 
the same manner as Congress. The veto power of the 
governor of a State and of the mayor of a city is similar 
to that of the President of the United States, and the action 
of the State legislature and the city council on a vetoed 
bill is similar to that of Congress. 

In the making of a law all the purposes of our political 
machinery are made plain. The caucus, the campaign, 
the election, the induction into office, the oath, the divis- 
ion into political parties, the divisions of the powers of 
government, the exercise of political rights, are merely 
for the purpose of making a law. It follows, therefore, 
that the laws of a people are a complete expression of 
their civil government. 

The government by Congress is government by commit- 
tees of the two houses. These committees determine the 
form and much of the character of our laws. The debates 
are a discussion of the reports of the various committees. 
A committee may send for persons and papers ; it hears 
evidence ; listens to pleading from the advocates and the 
opponents of measures before it; and its report usually 
decides the fate of the measure. In the business of legis- 
lation, both in Congress and in the States, the committees 
are the principal factor. By possessing the power to ap- 
point the committees, the Speaker of the House becomes, in 
many respects, the most influential citizen of the republic. 



CHAPTER IV. 

WHAT CONGRESS MAY DO. 

274. Powers Granted to Congress. — The powers 
granted to Congress by the people have always been a 
matter of dispute between political parties in this coun- 
try. One party, favoring a strict construction of the 
Constitution, has favored State rather than congressional 
legislation, limiting Congress to matters which are strictly 
of general or national concern. The party favoring a 
liberal construction of the Constitution has advocated 
the transfer to Congress of legislation Tvhich might be 
done by the States, thus favoring congressional rather 
than State legislation. The subjects of congressional 
legislation are stated in the Constitution. 

275. Taxes. — Congress has power to lay and collect 
taxes, duties, imposts and excises in order to pay the 
debts of the United States and to provide for the common 
defence and the general welfare of the country, but all 
duties, imposts and excises must be uniform throughout 
the land. The essential weakness of the old Confederation 
was the inability of Congress to levy taxes for any pur- 
pose whatever. The right to tax is a supreme right which 
carries with it sovereign power. The Constitution allows 
Congress to tax in several ways : by a direct tax upon the 
people, just as a State levies a State tax ; by an indirect 
tax upon the people by the levying and collecting of 
customs or duties on imports ; and by excises or taxes . 
upon home manufactures. 

The revenue of the United States at present is derived 
almost entirely from the duties on imports and from the 

152 



WHAT CONGRESS MAY DO. 153 

internal revenue, the latter arising from the taxation on 
banks and on the manufacture and sale of alcoholic liquors 
and tobacco. 

276. Public Credit. — Congress may borrow money on 
the credit of the United States. If a sudden necessity for 
money should arise, taxation would bring the required 
money into the treasury but slowly, and the country 
might be endangered by delay. To avoid this danger, 
Congress is empowered to pledge the faith of the peo- 
ple and to borrow money at home or abroad. The national 
debt is a claim against the United States by those persons 
who have loaned money to the Government. The credit 
of the United States is so good that the evidences of this 
debt, called Government bonds, are worth more than their 
iaee and are much sought for as an investment. 

277. Commerce. — Congress has the exclusive right to 
regulate commerce with foreign nations, among the several 
States and with the Indian tribes. Xo State can refuse to 
admit the products of another State or levy duties on them. 
Trade between the people of the United States must be 
absolutely free. 

278. Naturalization. — An alien or foreigner who be- 
comes a citizen of the United States is a naturalized citizen, 
and acquires all the rights and privileges of a native-born 
citizen excepting eligibility to the Presidency. Congress 
alone has the power to pass laws regulating the naturaliza- 
tion of foreigners. A foreigner may become a citizen of 
the United States, as follows: 

1. He must make application for citizenship by de- 
claring his intention to become a citizen of the United 
States. 

2. He must make oath, or affirmation, that this is his 
intention, and that he voluntarily renounces all allegiance 
to the government of which he had heretofore been a citi- 
zen. A person cannot be a citizen of two governments at 
the same time. 



154 CIVIL GOVERNMENT. 

3. He must make application for citizenship at least two 
years before he can receive his final naturalization papers. 

4. He must prove before the court that he has resided in 
the country five years. 

The children of American citizens born abroad are 
American citizens ; children of foreigners residing in this 
country and born here may elect their allegiance.* 

Aliens having served one year in the United States army, 
and having been honorably discharged, can become citi- 
zens by taking the oath of allegiance to the United States. 

279. Bankruptcy. — Congress has power to pass a law 
by which insolvent debtors may settle their affairs. Four 
such laws have been passed by Congress : the first in 1800, 
repealed in 1803; second in 1841, repealed in 1843; third 
in 1867, repealed in 1878 ; and fourth in 1898. Many of 
the States have passed bankrupt laws of their own, but 
a uniform method of settling the affairs of insolvent 
debtors is preferable to a different method for each State. 

280. Money. — Congress alone has the authority to coin 
money, to regulate its value and the value of foreign coin, 
to fix the standard of weights and measures, and to pro- 
vide for the punishment of counterfeiting the coin and the 
securities of the United States. 

Counterfeiting the coin of the United States is a felony. 
Congress in 1864 passed a law against counterfeiting the 
coin and securities of the United States, and fixed the pen- 

* There are more than twenty million foreigners in the United States, 
and the number is constantly increasing. This foreign population con- 
tains elements of weakness as well as of strength for the nation : in re- 
cent years the immigration has been to a large degree of an undesirable 
class of foreigners, who do not understand, and who are not in sympathy 
with, the Government of the people of the United States. Many thought- 
ful persons have concluded that while all industrious, sound-minded 
and physically healthy people from foreign lands, who are intelligent 
enough to appreciate the privileges of American citizenship, are wel- 
come to our shores, yet it is about time to discriminate between the 
moral and the vicious, the sound and the unsound, who in constantly- 
increasing numbers are seeking homes in this country. 



WHAT CONGRESS MAY DO 155 

alty at a maximum fine of five thousand dollars and im- 
prisonment for not more than ten years. The laws against 
counterfeiting also protect foreign coin and securities. 

281. Weights and Measures. — To aid in fixing the 
value or price of things it is necessary to have a standard 
of weights and measures. In Guildhall, the ancient city- 
hall of London, may be seen several brass strips set in 
the floor. These strips are the standard lengths for Eng- 
land of the foot, the yard, the fathom and the rod. In the 
same hall may be found standard weights and measures 
of volumes. In 1827 the United States Government 
obtained accurate copies of the English standards, and 
adopted them as the standards for this country. In 
1866 the metric system was made permissive by act of 
Congress, but it is practically limited in its use to scientific 
men, and has never become popular. 

282. The Mails. — The mails represent vast interests 
and require direction and control by a single authority. 
This authority is vested in Congress. Our common expres- 
sion, " the United States mail," recognizes this authority 
Congress authorizes the creation of mail-routes and opens 
post-roads, a term that a century ago, before the introduc- 
tion of railroads, signified much more than at present. The 
post-road has disappeared with the post-boy, and most 
mail matter is now carried in mail-trains. 

283. Science and Art. — Congress appropriates large 
sums of money to promote the progress of science and to 
apply the results of costly investigations for the benefit of 
the people. It has equipped numerous exploring expedi- 
tions for the purpose of ascertaining the best commercial 
routes over the ocean ; expeditions to observe transits of the 
planets and eclipses of the sun ; commissions to study the 
methods of increasing and preserving natural foods, such as 
the oyster in our bays, and the fish along our coasts and in 
our lakes and rivers. The fish commission, the life-saving 
service, the lighthouse service, the inspection of steam and 



156 CIVIL GOVERNMENT. 

of sailing vessels, the enforcement of quarantine regula- 
tions, and the organization of commissions to investigate 
questions of grave public interest, such as the cause and 
the control of pestilences and epidemics, are illustrations 
of the measures taken by Congress to promote the progress 
of science. The principal scientific institution supported 
by Congress is the Smithsonian Institution * 

To promote the progress of science and useful hrts au- 
thors and inventors for a limited time have the exclusive 
right to their writings and discoveries. Congress alone 
can pass laws for their protection, which are known as the 
laws of copyright and of patents. 

284. Copyrights. — An author may copyright a book, 
map, engraving, photograph, chart or musical compo- 
sition, and thereby obtain the exclusive right to print, 
publish and sell such a production for twenty-eight years, 
with the privilege of renewing the right for fourteen years 
longer, or forty-two years in all. Copyrights are secured 
through the librarian of Congress, Washington, D. C. 

285. Patents. — Patents are issued for four classes of 
inventions — arts, machines, manufactures and composi- 
tions of matter. The patent gives the inventor the exclu 
sive right of making and selling his invention for the 
period of seventeen years, at the expiration of which time 
the patent may be renewed by any improvement in th( 
invention. Since 1790 more than three hundred thousand 
patents have been issued by the Patent Office, and the 

*The Smithsonian Institution at Washington, Do C, was organized 
by act of Congress in 1846, in accordance with the will of James Smith- 
son, an Englishman who bequeathed half a million dollars to the United 
States "to be devoted to the increase and diffusion of knowledge among 
men." The institution is controlled by the Federal Government, and 
possesses a spacious building with museums, libraries, lecture-rooms 
and laboratories. It publishes valuable works in various departments 
of science, and distributes scientific collections all over the world. It 
takes the lead in scientific work in the United States. 



WHAT CONGRESS MAY DO. 157 

number now granted yearly is about twenty thousand. 
Applications for patents are made to the Commissioner 
of Patents, Washington, D. C. 

2S6. International Copyright. — The authors of Eng- 
land and America, as early as 1819, sought to have Congress 
and Parliament pass international copyright laws. The 
writings of an English author were republished in America, 
and those of an American author were republished in Eng- 
land, without the author's consent and without remunera- 
tion to him, unless by the courtesy of the publisher. In 
1837, Henry Clay presented a petition from British authors 
asking for copyright protection. Repeated efforts to procure 
such legislation were in vain until the passage of the act of 
Congress of March 4, 1891, which gives to authors, whether 
native or foreign, the exclusive control of their own works, 
provided that their books are printed in the United States 
from type set in this country. 

287. Inferior Courts. — Congress, having the power to 
create courts inferior to the Supreme Court, has constituted 
the United States Appellate Courts, the United States Cir- 
cuit Courts, the United States District Courts, the United 
States Court of Claims, the Court of the District of Colum- 
bia, Territorial Courts and Consular Courts.* 

288. Piracies. — Piracy was more common a century 
ago than now, because all civilized countries have united 
to clear the seas of such offenders. Piracy is a crime, and 
its definition and punishment are determined by the laws 
of Congress. The chief piracy of modern times is the 
slave-trade, which still maintains its stealthy and wicked 
course between Africa and slave countries. 

289. War. — Congress alone can declare war against any 
other power and grant letters of marque and reprisal, 
which are commissions granted by Congress authorizing 
seizures on the high seas of property belonging to a public 

* See 1f 358, p. 202. 



158 CIVIL GOVERNMENT. 

enemy. As the action partakes somewhat of the nature 
of piracy, letters of this kind are seldom granted by mod- 
ern civilized nations. 

290. The Army and Navy. — Congress has power to 
raise and support armies, to provide and maintain a 
navy, and to make rules for the government and regu- 
lation of the land and naval forces. No appropriation of 
money for military and naval purposes can be made for 
a longer term than two years. 

Abuses in government generally arise from the unlawful 
use of the military power of the state. Our Constitution 
carefully guards against such danger by placing the crea- 
tion and the support of the army and navy in the hands 
of Congress, and by limiting their support to two years. 
The long experience of England led to this provision in 
our Constitution. In practice the appropriations for the 
army and navy are made annually.* 

* The Army of the United States (January, 1902) consists of 1 
lieutenant-general, 7 major-generals, 23 brigadier-generals, 102 colonels, 
122 lieutenant-colonels, 358 majors, 1097 captains, 1181 first lieutenants, 
900 second lieutenants, 48 chaplains, with rank of captain, and 77,287 
enlisted men. In the signal corps, 35 officers and 760 enlisted men, and 
in the West Point Military Academy, 72 military and academic staff 
and 464 cadets. 

The Army of the United States when in active service comprises the 
following: 15 cavalry regiments, 30 batteries of field artillery and 126 
companies of coast artillery, 30 infantry regiments, 3 battalions of engi- 
neers, Signal corps, Scouts, and other special departments of the service. 
There are twelve military departments and divisions in the United 
States, viz. : 

Department of the East. Department of the Colorado. 

Department of the Lakes. Department of California. 

Department of the Missouri. Department of Cuba. 

Department of Texas. Division of the Philippines. 

Department of Dakota. Department of North Philippines. 

Department of the Columbia. Department of South Philippines. 



WHAT CONGRESS MAY DO. 159 

291. The Militia. — The male citizens of the States, 
between the ages of eighteen and forty-five years, are 

The President is ex-officio commander-in-chief of the army and navy 
of the United States, but the direction and control of the army is 
entrusted practically to the major-general in command. 

Each general has an assistant adjutant-general, a quartermaster, and 
such other aids as he requires, who are detailed for the purpose. 

Each regiment is commanded by a colonel, whose subordinates are 
the lieutenant-colonel and the major. Infantry regiments have ten 
companies and one major. The commanding officer of an infantry 
regiment has an adjutant, ranking as first lieutenant, who acts as secre- 
tary for the commanding officer, countersigns his written orders, and 
carries his verbal orders to the company officers. Each infantry regi- 
ment has a quartermaster, ranking as first lieutenant, who has charge of 
regimental supplies. Cavalry regiments have twelve companies and 
three majors, each major having immediate charge of a battalion of four 
companies. The commissary, ranking as first lieutenant, has charge of 
the food for the men, and the quartermaster has charge of all other 
supplies. 

Each regiment of Infantry is divided into companies. Each com- 
pany is commanded by a captain, whose subordinates are a first 
lieutenant, a second lieutenant and three grades of non-commissioned 
officers — a first sergeant, sergeants and corporals. 

The army is kept up by voluntary enlistments for five years unless 
sooner discharged. 

The laws in force concerning the army are known as " The Kegula- 
tions for the Army of the United States." 

In addition to the regular army Congress has power to call into 
service the militia of the United States, consisting of State troops, 
whose officers are appointed by the governors of the States from which 
they come. Regular army officers receive their commissions from the 
President. Although our regular army is small, Congress has at times 
called into the field very large bodies of men : 

In the War of 1812, 471,622 men ; 

In the War with Mexico, 1846, 101,282 ; 

In the Civil War, 1861, 2,859,132. 

The annual expenditure for the rapport of the regular army, forts, 
arsenals, arms, etc., is about $90,000,000. 



160 CIVIL GOVERNMENT. 

subject to service in the State militia unless exempted by 
law. The organized militia constitutes the National Guard, 

The Signal Corps is a department of the army organized to provide 
means of communication in military service at distances beyond the 
reach of the human voice. Under the system devised by Gen. A. J. 
Myer, and now in use in the army and navy, messages of any desciip- 
tion and words and characters in any language can be sent by motions 
of flags by day and by torches and rockets at night as far as one man 
can by any means be made to see another. The telegraphic trains of 
the Signal Corps are managed by soldiers, who are drilled to march 
with, manoeuvre, operate and protect them. The trains carry light 
telegraph lines which can be erected at the rate of three miles an hour. 

The Navy of the United States consists of nearly 1800 commissioned 
officers of all grades, 20,471 enlisted men and boys, who man over two 
hundred vessels — battle-ships, armored cruisers, cruisers, monitors, tor- 
pedo-boats, and tugs, some of them the most efficient in the world — and 
carrying over a thousand modern guns. The officers of the navy consist 
of: 1 admiral, 22 rear-admirals, 73 captains, 117 commanders, 175 lieuten- 
ant-commanders, 306 lieutenants, 78 junior lieutenants, 127 ensigns, 124 
naval cadets, 190 members of the medical corps, 136 members of the pay 
corps, 24 chaplains. The naval force also includes the professors of 
mathematics at the Naval Observatory, the naval constructors, the 
civil engineers, warrant officers — i. e., boatswains, gunners, carpenters, 
pharmacists and sail-makers. There are 200 officers in the marine 
corps, corresponding in rank to officers in the regular army. 

The navy is scattered about the world at various stations : The Euro- 
pean, the Pacific, the North Atlantic, the South Atlantic, and the Asi- 
atic station ; at the navy-yards or wherever ordered by the Government. 

The annual appropriation for the support of the navy, navy-yards, 
naval school, etc., is about $75,000,000. 

"West Point. — The United States Military Academy was first 
suggested by Alexander Hamilton, was favored by Washington, and 
was founded in 1802. One cadet is allowed in the academy for every 
senator, or delegate to the House of Eepresentatives, appointed 
at his nomination, one for the District of Columbia, and thirty ap- 
pointed by the President of the United States. Appointments are made 
about a year before the date of admission, and the examination of can- 
didates is usually competitive. Having passed the preliminary exam- 
ination, the candidate presents himself at the academy for admission. 
He must be between seventeen and twenty-two years of age, at least five 



WHAT COXGRESS MAY DO. 161 

which is trained by State officers according to a military 
system approved by Congress. The geographical posi- 
tion of the United States and its form of government free 
the country from the burden of a large standing army 
so common in European countries. Sometimes trained 
soldiers are needed to assist the civil authorities in sup- 
feet in height, of sound body and mind, and must pass a satisfactory 
examination in reading, writing, orthography, arithmetic, grammar, 
geography and history of the United States. The course at the acad- 
emy covers four years, and is conducted by officers from the regular 
army detailed for the purpose. The course includes mathematics, 
French, Spanish, drawing, the natural sciences, rhetoric, history, inter- 
national, constitutional and military law, tactics of all arms of the ser- 
vice, civil and military engineering and the science of war. More than 
one-fourth of the candidates fail to pass the preliminary examination, 
and about one-half of the remainder fail to graduate. The instruction 
is of a high grade ; the discipline is very strict, even more so than in 
the army. Each cadet binds himself to serve the United States eight 
years from the time of his admission into the academy. The pay of a 
cadet is $540 per annum. The annual appropriation for the support 
of the academy is about $300,000. 

Annapolis. — The United States Naval Academy at Annapolis 
was suggested by George Bancroft while Secretary of the Navy, and 
was founded in 1845. One cadet is allowed in the academy for every 
member or delegate in the House of Eepresentatives, appointed at 
his nomination, one for the District of Columbia, and ten appointed 
by the President of the United States. Twenty-five cadets are admit- 
ted each year after competitive examination of candidates from fifteen 
to twenty years of age. The course of study covers six years, of which 
two are spent at sea. Cadets receive $500 per annum, and upon gradu- 
ation the ten graduates passing the best examination, and as many more 
than ten as there are vacancies in the several departments, are ap- 
|>ointed either assistant engineers in the navy, ensigns, or second lieuten- 
ants in the marine corps. The remaining graduates are honorably dis- 
charged with one year's sea-pay. The course of instruction ranks with 
thnt at West Point, is conducted by naval officers, and consists in the 
studies of mathematics, steam-engineering, the natural sciences, seaman- 
ship, ordnance, history, law and language. The yearly appropriation 
for the support of the academv is about $227,000. 
11 



162 CIVIL GOVERNMENT. 

* 

pressing riots. The State militia is always ready foi 
such service, and constitutes an army of defence quickly 
called into action. The State militia may be called 
into the service of the United States, in which case it is 
subject to the orders of the President and is cared for by 
Congress like the regular army. 

292. The District of Columbia. — Congress has exclu- 
sive control of the District of Columbia : the civil govern- 
ment of the District is vested by act of Congress of 1878 
in three commissioners, two of whom are appointed by 
the President, with consent of the Senate, for three years, 
and the third is an officer of the army belonging to the 
engineer corps, detailed by the President for this service. 
All interests of the District are under the' control of this 
commission. The expenses of the District government are 
equally divided between Congress and the people of the 
District. Inhabitants of the District of Columbia cannot 
vote. 

293. New States and Territories. — Congress organ- 
izes the Public Domain into Territories, makes laws for 
their government and admits new States into the Union 
at its discretion. For many years the admission of States 
was in pairs to preserve in Congress the balance of polit- 
ical power between the free and the slave States. Since the 
abolition of slavery Congress has generally admitted new 
States as rapidly as the territorial population permitted, but 
under the influence of party political feeling the admis- 
sion of a new State has sometimes been unduly delayed * 

294. The Supreme Power of Congress. — Congress is 
empowered by the Constitution to make all laws necessary 
for carrying into execution the powers vested by the Con- 
stitution in the Government of the United States or in any 
department or officer of the Government. 

The clause of the Constitution granting this supreme 

* See Table, p. 294. 



WHAT CONGRESS MAY DO. 



163 



power has long been called "the sweeping clause," and 
is often quoted as authorizing Congress " to do anything 
and everything." The clause means that Congress may 
pass any " necessary law " " for the complete and effici- 
ent execution " of its powers. Louisiana was bought in 
1803, the Mesilla Valley was purchased in 1853, and 
Alaska in 1867, although the Constitution contains not 
a word empowering Congress to buy territory. It may 
be said that Congress, to promote the general welfare of 
the people, may do anything that is not expressly for- 
bidden by the Constitution. 

" The Constitution is intended to endure for ages to come, 
and consequently to be adapted to the various crises of 
human affairs. Let the end be legitimate, let it be within 
the scope of the Constitution, and all means which are ap- 
propriate, which are plainly adapted to that end, which 
are not prohibited, but consist with the letter and spirit 
of the Constitution, are constitutional."* 

But in order that Congress may not abuse its powers the 
Constitution plainly sets forth certain limitations to its au- 
thority which distinctly declare what Congress may not do. 



* Chief-Justice Marshall. 



CHAPTER V. 

POWERS DENIED BY THE PEOPLE TO CONGRESS 
AND TO THE STATES. 

295. Rights of the People. — The Constitution provides 
that the enumeration of certain rights granted to Congress 
shall not he construed to deny or disparage other rights re- 
tained by the people. This means that the people keep to 
themselves all rights and powers that they have not granted 
to Congress. State legislatures are limited in the same 
manner. The long struggle of five centuries and more in 
England and in this country for the realization of rights 
has taught men to prize them so highly as not to endanger 
them by allowing even the representatives elected by the 
people to exercise certain of them. The Constitution 
declares that these are "retained by the people." 

296. Personal Liberty. — The privilege of the writ of 
habeas corpus cannot be suspended unless when, in case of 
rebellion or invasion, the public safety may require it. Con- 
gress cannot interfere with the personal liberty of a citizen 
except by due process of law. It cannot pass any law by 
which the liberty of a person is endangered. Illegal im- 
prisonment was one of the chief complaints against King 
John. President Lincoln suspended the writ of habeas 
corpus in this country in 1863 as a war measure, but its 
suspension was authorized by Congress. Several State 
constitutions declare that the writ shall never be suspended 
by the State.* 

297. Bills of Attainder — Ex Post Facto Laws. — 
Congress cannot pass any bill of attainder or ex post facto 

*Seetf61, p. 36. 
164 



POWERS DENIED BY THE PEOPLE. 165 

law. A bill of attainder in English legislation was the ex- 
tinction of the civil rights of a person who had been exe- 
cuted for treason or felony, so that his legal heirs could not 
inherit his estate, but it was forfeited to the Crown. 

The Supreme Court of the United States has said that 
"an ex post facto law is one that creates or aggravates crime, 
or increases the punishment, or changes the rules of evi- 
dence for the purpose of conviction." If a person commits 
a crime he may be punished according to the law existing at 
the time of its commission. The penalty for counterfeiting 
the coin of the United States is a fine not exceeding five 
thousand dollars and imprisonment for a term not exceed- 
ing ten years. If a man is convicted under this law, 
Congress cannot pass a law changing his punishment, for 
that would be fixing the penalty after the deed is done, or 
an ex post facto law. A person has the right to know what 
consequences follow his acts before he commits them. 

298. Proportional Taxation. — The census taken every 
tenth year enumerates the people. If Congress lays a 
direct tax upon the people, the tax must be proportional 
to population. A direct tax is a tax on land or a poll 
tax. A tax of one dollar a head on every citizen of the 
United States would be a direct proportional tax, but 
a land-tax of one dollar an acre on every acre of land 
in the United States, while it would be a direct tax, 
would not be a proportional tax, because land has not 
the same value all over the country. A tax of one dol- 
lar an acre in South Carolina or Texas would be a 
higher tax than a tax of one dollar an acre in New York 
or Pennsylvania, where land is of greater value per acre 
than in the two Southern States mentioned. Congress 
has frequently levied direct taxes. 

299. Internal Trade Free. — Congress cannot levy a 
duty or excise upon the internal trade and commerce of 
the country. To a citizen of the United States all interna] 
trade must be free. States cannot collect customs. 



166 CIVIL GOVERNMENT. 

300. Impartial Laws of Commerce. — Congress can 
pass no law that gives a preference to the ports of one 
State over those of another. Vessels to or from one State 
cannot be obliged to enter, clear or pay duties in another 
State. 

301 . Paying 1 Out the People's Money. — The annual 
expenditure of money by Congress for the expenses of 
the United States Government amounts to many mil- 
lions of dollars. (See note page 213.) Before any of this 
money can be paid out Congress must pass an act ex- 
pressly authorizing the expenditure. Extreme care is 
necessary in public financiering lest public money be 
lost or wasted. Congress has no right to squander the 
people's money. An appropriation bill is made with great 
attention to detail, for the treasurer of the United States 
pays out money exactly as provided in the appropriations 
made by Congress. 

302. Titles of Nobility — Gifts. — Republican simplic- 
ity and equality are characteristic of our entire Govern- 
ment. Both Congress and the States are forbidden to grant 
any title of nobility either to a citizen of the United States 
or to a citizen of any other country. We believe that all 
men are created free and equal, and the citizen of the 
United States enjoys the highest nobility in possessing 
this freedom and equality. Nor can any person holding 
an office of trust or profit under the United States accept 
any gift or title or emolument of any kind whatever from 
any king, prince or foreign state without the consent of 
Congress. An Eastern prince once presented to President 
Van Buren some beautiful jewels, but he could not receive 
them, and they still lie in the treasury of the United 
States. 

303. Freedom of the People. — Congress is forbidden 
to make any law — 

1. Respecting the establishment of religion or prohibit- 
ing its free exercise ; 



POWERS DENTED BY THE PEOPLE, 167 

2. Abridging the freedom of speech ; 

3. Abridging the freedom of the press ; 

4. Abridging the right of the people peacefully to as- 
semble ; 

5. Abridging the right of petition. 

Every person in this country may worship God according 
to the dictates of his own conscience, being responsible for 
the consequences of his actions and beliefs if they affect 
the peace of society. Any person may freely speak, write 
and publish his sentiments on any subject, being responsi- t 
ble for the abuse of such right ; the abuse is called a libel. 

In 1875 the United States Supreme Court decided that 
" the right of the people peaceably to assemble for the pur- 
pose of petitioning Congress, or for anything else connected 
with the powers and duties of the national Government, is 
an attribute of national citizenship, and as such is under the 
protection of, and guaranteed by, the United States." Old 
English law forbade " tumultuous petitioning," but Con- 
gress is forbidden to pass any law which will hinder the 
people from freely assembling. Arbitrary governments, 
like the absolute Russian monarchy, forbid the people to 
hold political meetings. 

304. Right to Bear Arms. — The carrying of concealed 
weapons is forbidden by law, but Congress cannot pass 
laws forbidding the people to keep and bear arms. This 
restriction refers primarily to the right of the people to 
constitute a militia for the defence of their rights. Our 
regular army is very small ; the defence of our rights is 
secured by the retained military right of the people. Con- 
gress can declare war and call out the militia for the pub- 
lic defence, but it cannot take the right to self-protection 
away from the people. 

305. Householders' Rights. — Congress prescribes the 
rules and regulations of the army or empowers military 
officers to do so ; but " the citizen's house is his castle," and 
in time of peace soldiers cannot be quartered in any house 



168 CIVIL GOVERNMENT. 

without the owner's consent, nor in time of war save in the 
manner prescribed by law. Congress must respect the 
home-rights of every citizen. 

306. Personal Security. — The personal security of 
citizens is protected by the laws of Congress. No law can 
be passed by any legislative body in this country impair- 
ing that security by permitting unreasonable searches and 
seizures or arrests without warrant. This common-law 
right of the citizen is very ancient, and has grown and 
strengthened with the growth and strength of political 
rights in this country and in England. Every citizen has 
the right to demand the authority by which any official 
act is done. 

307. Private Property. — Private property cannot be 
taken for public uses without just compensation. Some- 
times private property is needed for the public welfare ; in 
such a case, if the owner is unwilling to sell his prop- 
erty, the Government, either local or national, appoints 
commissioners or viewers, whose duty it is to estimate 
the "just compensation" for the property, and the owner is 
compelled to take the amount found by the commissioners. 
This right of Government is known as the "right of eminent 
domain," and may be exercised by the United States, by 
the State, by the county, by the city, by the township or 
town and by corporations to which the right has been 
granted by the State* 

308. Trial by Jury. — Congress can pass no law im- 
pairing the right of the citizen to an impartial jury trial 
which shall be speedy and public. All the rights con- 
firmed to the people by the common law, such as the right 
of a person to be informed of the accusations against him, 
the right to self-defence or by counsel, and the right to sum- 
mon witnesses, can be protected but not impaired by Con- 
gress or by any other legislative body. In suits at common 

*See1f33,p. 24. 



POWERS DENIED BY THE PEOPLE. 



169 



law where the value in controversy exceeds twenty dollars 
the right of trial by jury is preserved, but cases involving 
one hundred dollars or less are usually tried before a jus- 
tice of the peace without a jury * 

309. Fines and Punishments. — Neither Congress nor 
the States can pass any law requiring excessive bail, im- 
posing excessive fines or inflicting cruel and unusual pun- 
ishments. This right of the people to humane laws is of 
highest importance. The object of law is to reform the 
criminal as well as to punish him. Inhuman laws always 
fail to reform criminals or to deter them from the com- 
mission of crime. It is a principle of criminal law that 
the certainty rather than the degree of the punishment 
is the best preventive of crime. 

310. The Franchise. — Slavery was abolished in the 
United States by the Thirteenth Amendment, declared 
in force December 18, 1865. By the Fifteenth Amend- 
ment the right of the citizen to vote cannot be denied or 
abridged by the United States or any State on account 
of race, color or previous condition of servitude. This 
amendment was declared in force March 30, 1870. It 
prohibits discrimination against voters on account of 
race, color or previous condition of servitude. The right 
to vote comes from the State, not from the United States. 

311. Republican Form of State Government. — Con- 
gress guarantees to each State a republican form of govern- 
ment and protection against invasion. If the legislature 
of the State, or the governor when the legislature cannot 
be convened, applies to the Government of the United 
States for protection against domestic violence, as in the 
case of a riot, such as occurred in Pittsburgh, Pennsyl- 
vania, in 1877, the United States Government must com- 
ply with the request. 

312. Obligation of Contracts. — No State can pass 



* See V 159, p. 93. 



170 CIVIL GOVERNMENT. 

any law impairing the obligation of contracts. The law of 
the obligation of contracts covers nearly all the civil cases 
before the American courts, and the principle is of the 
widest application in our institutions. The protection of 
all our rights, industrial, political, social and moral, is im- 
plied in the obligation of contracts. A contract is an agree- 
ment between two or more parties, qualified to contract, to 
do or not to do a particular thing. If two or more per- 
sons of the age of twenty-one or more, of sound mind, of 
willing disposition and without restraint or compulsion, 
actually contract to do or not to do a certain thing, they 
are bound by the contract, and the laws of the United 
States will compel them to perform their legal contracts or 
suffer the consequences of non-performance. 

313. Powers Denied the States. — No State can enter 
into any treaty, alliance or confederation ; grant letters of 
marque or reprisal ; coin money ; issue bills of credit ; * 
make anything but gold or silver coin a tender in pay 
ment of debts ; pass any bill of attainder, ex post facto 
law or grant any title of nobility. 

The limitations on the States illustrate the supremacy 
of the United States over the States. 

314. State Powers if Congress Consent. — No State, 
without the consent of Congress can lay any imposts 
or duties on imports or exports, except what may be 
absolutely necessary for executing its inspection laws ; 
and the net produce of all duties and imposts laid by 
any State on imports or exports shall be for the use of 
the treasury of the United States ; and all such laws are 
subject to the revision and control of Congress. 

No State, without the consent of Congress, can lay any 
duty on tonnage, keep troops or ships of war in time of 

*By "bills of credit" is meant paper money, or promises to pay, 
issued by a State in such a way as to be used as a substitute for money. 
The phrase is not intended to prevent a State from borrowing money 
and giving its bonds for the obligation. 



POWERS DENIED BY THE PEOPLE. 171 

peace, enter into any agreement or compact with another 
State or with any foreign power, or engage in war unless 
actually invaded or in such imminent danger as will not 
admit of delay. 

These restrictions on the States mean that Congress 
alone can regulate the commercial interests of the people 
of the United States, maintain an army and navy, make 
treaties or alliances with foreign States or declare war. 
There cannot be two sovereign powers exercising these 
rights in the United States ; the States are subject to the 
United States. 

On the 30th of May, 1787, when the Constitutional Con- 
vention began the making of the Constitution of the United 
States, a resolution passed, " That a national Government 
ought to be established, consisting of a supreme judicial, 
legislative and executive." The term " supreme " required 
explanation, and it was asked whether it was intended to 
annihilate State Governments. It was answered that 
should the powers granted to the new Government clash 
with the States, the States were to yield. 

315. The Relation of the Federal Government to 
the State Governments. — " The Government proceeds 
directly from the people. When thus adopted by them 
the Constitution was of complete obligation and bound the 
State sovereignties. The Government of the Union is 
emphatically and truly a government of the people. The 
Government of the Union, though limited in its powers 
is supreme within the sphere of its action. Its laws, when 
made in pursuance of the Constitution, form the supreme 
law of the land. . . . The Government of the Union and 
those of the States are each sovereign with respect to the 
objects committed to it, and neither sovereign with respect 
to the objects committed to the other."* 



* Chief-Justice Marshall. 



CHAPTER VI. 

THE PRESIDENT OF THE UNITED STATES. 

316. National Conventions. — The candidates for the 
Presidency and the Vice-Presidency of the United States 
are nominated in a national convention, which is an assem- 
bly of delegates from all the States and Territories. Each 
political party holds its own convention, which usually 
consists of twice as many delegates as the Congress of 
the United States has members* 

31 7. The President of the United States represents 
the unity, the power and the purpose of the nation. 
He is the executive officer of the Federal Government. 
His office is the highest in the power of the people to 
bestow. 

* The development of the political convention in America has kepi 
pace with the growth of the conveniences in internal transportation. 
Before 1790 a convention consisted of representatives who could con- 
veniently gather on horseback from a few adjoining towns. With 
the introduction of stage-coaches came county conventions. When the 
canal and the post brought people in closer association, groups of 
States began assembling in convention, a period culminating in 1825. 
A national convention was not possible until after 1850, the period of 
the beginning of railroads, and became a convention in a truly national 
sense only when the telegraph had brought all parts of the country into 
closest relations. In the early conventions the delegates were simply 
known as men from a certain State. When Polk was nominated for 
the Presidency some of his political opponents objected to this promis- 
cuous State representation, and gave to them, as distinguished from the 
county delegates, the name "outsiders," a coined word caught up in a 
political campaign, and borne since that time in the body of our lan- 
guage. 

172 



THE PRESIDENT OF THE UNITED STATES. 173 

318. Qualifications. — No person except a natural-born 
citizen is eligible to the Presidency. He must be thirty- 
five years of age and a resident within the United States 
fourteen years. He is elected to serve for four years. 

A person of foreign birth might be subject to foreign in- 
fluences. Tenure of office for life or for a very long term 
would tend to a monarchy. 

319. His Election. — The President is chosen by the 
Electoral College, which is composed of Presidential elec- 
tors elected in the several States. Each State has as many 
Presidential electors as it has Senators and Representatives 
in Congress, and each elector has one vote. No Senator or 
Representative or person holding an office of trust or profit 
under the United States can serve as a Presidential elector. 
The purpose of this restriction is to provide an Electoral 
College free from Federal influence. Each political party 
in the State nominates its own Presidential electors, who 
are morally bound, if elected, to vote for the Presidential 
candidate of the party. The people elect the Presidential 
electors on the Tuesday next after the first Monday of 
November in the year of the Presidential election, which 
occurs once in every fourth even year. The first Presiden- 
tial election was in 1789. Soon after election day it is 
known what electoral ticket, and consequently what Pres- 
idential candidate, has been elected. 

320. The Electoral College. — But the choice of a 
President is not made until three more steps have been 
taken. On the second Monday in January the Pres- 
idential electors meet in their respective States, usually 
at the capital of the State, and vote by ballot for Pres- 
ident and Vice-President, one of whom at least cannot 
be an inhabitant of the same State with themselves. 
When the vote has been counted three lists are made of 
all the persons voted for as President and as Vice-Pres- 
ident, and the number of votes which each received. 
These three lists are certified to and signed by all the 



174 CIVIL GOVERNMENT. 

electors and sealed. One list is deposited with the Uni- 
ted States district court judge of the district in which the 
electors meet. The other two lists are sent to the president 
of the Senate at Washington, one by mail and one by 
special messenger.* The sealed vote of the Electoral Col- 
lege of each State is called " the return." As soon as the 
Electoral College has sent in the return its duty is done and 
it ceases to exist. The college is simply the registering- 
machine of the popular vote. On the second Wednesday 
in February the sealed votes received by the president of 
the Senate are opened by him in the presence of the two 
houses of Congress, and the votes are counted. The per- 
son who has a majority of all the votes cast for President 
is declared to be duly elected President of the United 
States, and the person who has a majority of all the votes 
cast for Vice-President is declared to be duly elected Vice- 
President of the United States. 

321. Election by the House. — If no person has a 
majority of the votes for President, then from the three 
highest on the list of those voted for as President the 
House of Representatives proceeds immediately, by ballot, 
to choose a President. In an election by the House the 
voting is by States, a majority of the Representatives from 
each State constituting the one vote of the State. A 
quorum for this purpose consists of a member or members 
from two-thirds of the States, and a majority of all the 
States is necessary to a choice. If the House of Repre- 
sentatives fail to choose a President, whenever the right 
of choice devolves upon it, before the fourth day of 
March next following, then the Vice-President acts as 
President, as in the case of the death or other constitu- 
tional disability of the President. Thomas Jefferson (1801) 

* If the two lists from the Electoral College of each State fail to 
reach the president of the Senate by the fourth Monday in January 
following the election, he may send for the list deposited with the dis- 
trict court judge. 



THE PRESIDENT OF THE UNITED STATES. 175 

and John Quincy Adams (1825) were elected by the House 
of Representatives.* 

322. The Vice-President. — As the Vice-President may 
become President, his qualifications are the same as those 
of the President. Should the Electoral College fail to elect 
a Vice-President, the choice of the Vice-President devolves 
upon the Senate, in which case the Senate must have a 
quorum of two-thirds of the whole number of Senators, 
and a majority of the whole number is necessary to a 
choice.f 

323. A Minority President. — The Presidential elec- 
tors from any one State are not obliged to vote as a unit ; 
each elector represents the party that chooses him. The 
State of New York has thirty-six electors. They may 

* The Electoral Commission. — In order to determine the dis- 
puted Presidential election of 1876 an electoral commission, consisting of 
five Senators of the United States, five members of the House of Eepre- 
sentatives and five associate justices of the United States Supreme Court, 
was appointed January 29, 1877. The commission was to decide by a 
majority of votes, and its decisions were to be reversed only by the con- 
current vote of both houses of Congress. The duty of the commission 
was to examine the returns from the disputed States with the same 
power as that possessed by the two houses of Congress acting separately 
or together. The disputed States were Florida, Louisiana, Oregon and 
South Carolina. By a vote of eight to seven the commission decided 
that Hayes had received 185, and Tilden 184, electoral votes. This 
decision, given March 2, 1877, two days before the inauguration, made 
Mr. Hayes President of the United States for four years. 

f As the President represents the nation, and is chosen indirectly by 
the people, it is a wise provision of the Constitution that in case the 
Electoral College fail to choose a President the choice of a President 
should be made by that branch of the national legislature which more 
closely represents the people — namely, the House of Representatives. 
The choice of the Vice-President is wisely left, in case the Electoral 
College fail to choose that officer, to the Senate of the United States, . 
over which body the Vice-President is to preside. As the Vice-Pres- 
ident succeeds to the Presidency only by accident, it is just that the 
Senate should be permitted to select its own presiding officer. 



1 76 CIVIL GOVERNMENT. 

represent several parties : there may be electors repre- 
senting the Republican party, the Democratic party, the 
Prohibition party, the Labor party or any other party. 
Other States may be similarly divided. The Electoral 
College thus may have Democratic electors, Republican 
electors, Labor-party electors and Prohibition electors. 
Electors of the same party in the different States vote for 
the same candidates. The greater the number of candi- 
dates, the greater the risk that the Electoral College will 
fail to choose a President. 

In 1861, the Electoral College stood as follows, for — 

Lincoln, 180, representing 17 States and 1,866,352 popular votes. 
Breckinridge, 72, " 11 " 845,763 

Douglas, 12, " 2 " 1,375,157 

Bell, 39, " 3 " 589,581 

Thus, although Abraham Lincoln received 180 electoral 
votes, he did not receive a majority of the popular vote : 
he received more electoral votes than his three opponents 
together ; and they together received more popular votes 
than he. A President who fails to receive the majority 
of the popular votes is called a minority President.* 

The majority in the Electoral College has failed so often 
to represent the majority of the popular vote that many 
attempts have been made to amend the Constitution and 
change the method of electing the President ; but as yet 
no device has been found better than the cumbersome 
Electoral College. The idea of such a college grew out 
of the distrust of the people at the time of the making 
of the Constitution. It was then thought that electors 
chosen by the people would be less likely to err in select- 
ing a fit person for President. But the practice of political 

*The minority Presidents have been J. Q. Adams, 1825; James K. 
Polk, 1845; Zachary Taylor, 1849; James Buchanan, 1857; Abraham 
Lincoln, 1861 ; R. B. Hayes, 1877 ; James A. Garfield, 1881 ; Grover 
Cleveland, 1885; Benjamin Harrison, 1889; Grover Cleveland, 1892. 



THE PRESIDENT OF THE UNITED STATES. 177 

parties has reduced the Electoral College to a mere regis- 
tering-machine, and every Presidential elector votes for the 
candidate nominated by the national convention of his 
party. 

324. The Presidential Succession. — In case of the 
removal of the President from office, or of his death, 
resignation, or inability to discharge the powers and duties 
of his office, the office devolves upon the Vice-President. 
Four times in our history the Vice-President has suc- 
ceeded to the Presidency : 

John Tyler upon the death of President Harrison in 
1841 ; Millard Fillmore upon the death of President Taylor 
in 1850 ; Andrew Johnson upon the assassination of Pres- 
ident Lincoln in 1865 ; Chester A. Arthur upon the assassi- 
nation of President Garfield in 1881. 

At the time of President Garfield's death and the succes- 
sion of Vice-President Arthur to the Presidency, Congress 
was not in session. No president of the Senate pro tempore 
had been chosen before the adjournment of Congress, and 
consequently, had President Arthur died or become incapa- 
ble of exercising the powers and duties of his office, the 
country would have been without a President. Congress 
soon assembled, a president of the Senate was chosen, and 
later a law was passed prescribing the succession to the 
Presidency should an occasion ever arise demanding it. 
In case of the death of both President and Vice-Presi- 
dent, or of the removal, resignation or inability of both 
of them, the Secretary of State acts as President; in 
case of the removal, death, or resignation or inability of 
the Secretary of State, the Secretary of the Treasury acts 
as President, and in their order the office passes to the 
Secretary of War, the Attorney-General, the Postmaster- 
General, the Secretary of the Navy, and the Secretary of 
the Interior.* This law was passed in January, 1886, and 

* The office of Secretary of Agriculture was not created until after the 
enactment of the present law providing for the presidential succession. 
12 



[* 



178 CIVIL GOVERNMENT. 

will have the effect, if ever practically carried out, of con- 
tinuing in power the political party that chose the last 
President duly elected, by placing the executive powers of 
the Government in the hands of the men whom the President 
ad chosen to assist him in the administration of affairs. 

325. Inauguration Day. — On the 4th of March of each 
fourth year the President and Vice-President elect are for- 
mally invested with their respective offices. The essen- 
tial part of the inauguration is the oath of office, which is 
administered to the President elect by the chief-justice of 
the United States before a vast concourse of citizens. The 
oath is as follows : " I do solemnly swear (or affirm) that 
I will faithfully execute the office of President of the United 
States, and will, to the best of my ability, preserve, protect 
and defend the Constitution of the United States." The 
Vice-President takes the oath a few moments before in 
the presence of the Senate of the United States. Usually 
there is a display of military and other organizations from 
various parts of the country. The new President pro- 
nounces his inaugural address from the eastern steps of 
the Capitol. This address outlines the new President's 
policy or his ideas of the administration of the Govern- 
ment. 

326. The White House.— After the inauguration the 
President is driven to his official residence, the executive 
mansion, popularly known as the White House. Here he 
receives deputations of citizens, foreign ambassadors, mem- 
bers of Congress and of other departments of the Govern- 
ment. 

327. The President's Salary.— Until 1873 the annual 
salary of the President was $25,000, but it was thought at 
that time that this amount was not sufficient to meet the de- 
mands made upon the President during his official life. It 
was increased to $50,000, but this sum is small when com- 
pared with the amount paid to the rulers of other civilized 
lands. This salary cannot be increased nor diminished 



THE PRESIDENT OF THE UNITED STATES. 179 

during the period for which the President is elected, and 
he cannot receive, while President, any emolument from 
the United States or from a State. A custom has long 
prevailed that the President cannot receive any gift from 
any civil body, such as a city council or a legislature, or a 
foreign state. The President may accept gifts from private 
individuals, like any other citizen.* The Vice-President 
receives $8000 annually, and, as in the case of the Presi- 
dent, he draws his salary in monthly installments from 
the United States treasury. 

32S. The President Accessible. — Although the Pres- 
ident is the ruler of a mighty nation and is burdened with 
responsibility and official duties, he is easily reached by 
the humblest citizen. Unlike the rulers of foreign lands, 
who are hedged about by ranks of officials both civil and 
military, our chief magistrate frequently meets the people 
at public or at private receptions. The death of two of 
our Presidents by assassination has led many to believe 
that the President of the United States should be protected 
by a guard. The President is constantly sought by per- 
sons soliciting appointment to office. In order to relieve 
the President from the crowd of officeseekers, and also to 
secure competent public servants in the lower grades of 
administrative offices, the greater number of Government 
employes in clerical positions are appointed by the heads 
of the executive departments. Persons seeking a cler- 
ical appointment in any of the departments at Wash- 
ington are required to pass an examination before the 
civil-service commission or its accredited representative. 
From the list of successful candidates appointments are 
made as vacancies occur. The object of the civil-service 
examination is to remove appointments to the lower Fed- 
eral civil offices from the control of any political party 
and to confer the offices upon persons best qualified to fill 



See fl 302, p. 166. 



180 CIVIL GOVERNMENT. 

them. An effective civil-service system will relieve the 
President from the burden of officeseekers. 

329. Duties of the President.— All the duties of the 
President are summed in the language of the Constitu- 
tion: "He shall take care that the laws are faithfully 
executed." 

330. Powers of the President. — The President is com- 
mander-in-chief of the army and navy of the United States, 
and of the militia of the several States when it is called 
into the national service. He is not obliged to take com- 
mand of the national forces in person, but may place them 
under command of such officers as he may choose. 

He has power to grant reprieves and pardons, as well 
before trial and conviction as afterward, for offences against 
the United States, except in cases of impeachment. The 
exception of impeachment cases is taken from the custom 
in England, where the king's pardon cannot be pleaded in 
case of impeachment before the House of Commons. 

He has power, by and with the consent of the Senate, to 
make treaties with foreign states, provided two-thirds of 
the Senators present concur. 

He nominates, and by and with the consent of the Sen- 
ate he appoints, ambassadors, other public ministers, con- 
suls, judges of the Supreme Court, and all other officers of 
the United States whose appointment is not otherwise pro- 
vided for by law. 

He has power to fill all vacancies in Government offices 
that may happen during the recess of the Senate by grant- 
ing commissions which shall expire at the end of the next 
session. In 1831, President Jackson during a recess of the 
Senate appointed Martin Van Buren minister to England, 
but the Senate refused to confirm the appointment, and 
Mr. Van Buren, who had already gone to the court of St. 
James, was compelled to return. 

He has power on extraordinary occasions to convene 
both houses of Congress or either of them, and in case of 



THE PRESIDENT OF THE UNITED STATES. 181 

disagreement between them with respect to the time of 
adjournment, he may adjourn them to such time as he 
thinks proper, but not for a longer time than the day- 
fixed for the assembling of the next session of Congress. 

He appoints the members of his own Cabinet, who com- 
pose the heads of the executive departments, and he may 
require of them at any time an opinion in writing upon 
any subject relating to the duties of their respective 
offices. 

He receives ambassadors from foreign powers and other 
public ministers, and commissions ail the officers of the 
United States. 

331. Removal from Office.— The President, the Vice- 
President and all civil officers of the United States are 
subject to removal from office on impeachment for and 
conviction of treason, bribery or other high crimes and 
misdemeanors. High crimes and misdemeanors are ascer- 
tained by the rules of the common law. 

332. The President's Message. — In his annual mes- 
sage, when Congress assembles, the President gives to that 
body "information of the state of the Union." In this 
message he reviews the history of the year, comments 
upon events, makes suggestions concerning legislation, 
and expresses his opinions on such subjects as he thinks 
proper. At any time he may send to Congress a special 
message directing attention to matters requiring immedi- 
ate consideration. 

333. The President as Law-maker. — The President 
i.s an essential part of the law-making power under the 
Constitution, and signs or vetoes all bills and resolutions 
passed by Congress, except a resolution to adjourn. 

334. The President as Politician. — He is elected by 
a political party for the purpose of carrying out party 
principles of government. His term of office is known 
politically as an administration. He is the head or leader 
of his party, and usually makes all official appointments out 



182 CIVIL GOVERNMENT. 

of his own party. The number of appointments he can 
make is about one hundred and fifteen thousand ; some- 
times these men use their personal and official influence 
to re-elect the President who appointed them to office, 
but the spirit of our institutions is against such action. 
335. The President as the Head of the Nation. — 
The President is the only Federal officer who is directly 
responsible to the nation for the administration of the 
Government. He is President of the whole country, and 
should be above the biassed prejudices of the mere polit- 
ical partisan. He is the nation's man, and not a party man. 
If he fails to rise to the lofty plane of national duty, he 
sinks into the obscurity of the mere candidate for office and 
the distributor of the spoils of office. The burden of his re- 
sponsibility is too heavy to be borne long, and Washington 
set the example of retiring from the Presidency at the close 
of a second term. It has often been said that responsibil- 
ity makes men serious ; the responsibilities incident to the 
office of President of the United States have called into 
exercise noble qualities from all our Presidents. From the 
excitement of the campaign to the cares of the White 
House is a transformation likely to change the leader of a 
party into the head of the nation* 

* For Table of Presidents of the United States, see pp. 298, 299. 



CHAPTER VII. 

THE EXECUTIVE DEPARTMENTS. 

336. The Executive Departments. — The executive 
business of the Federal Government is committed to eight 
departments, each of which has for its chief officer a Cab- 
inet minister appointed by the President by and with the 
consent of the Senate. The departments, in the order of 
their creation, are — 

The Post-Office Department, May 8, 1794. 

The Navy Department, April 30^ 1798. 

The Department of State, July 27, 1789. 

The Department of War, August 7, 1789. 

The Treasury Department, September 2, 1789. 

The Department of the Interior, March 3, 1849. 

The Department of Justice, June 22, 1870. 

The Department of Agriculture, February 12, 1889. 
Each member of the Cabinet is in political accord with the 
President and receives an annual salary of $8000. He 
holds his appointment at the will of the President, and is 
directly responsible to him for the management of the 
department of which he is the principal officer. The 
President is responsible to the people of the United States 
for the conduct of business in all the departments* 

* The Cabinet meets at the executive mansion at the direction of the 
President, who presides over its consultations and directs them. Its 
proceedings are not recorded, and it has no legal authority as a body. 
As its action is merely advisory, the President is not bound by the 
judgment of the Cabinet, and its members as heads of executive depart- 
ments may disregard the advice of the Cabinet and assume the responsi« 
bility of individual action. 

183 



184 CIVIL GOVERNMENT. 

337. The Department of State.— Of the executive 
departments created by Congress, the Department of State, 
which outranks the others, was the first in operation. It 
is presided over by the Secretary of State. He is the sin- 
gle officer in our Federal Government who is empowered 
to communicate with other Governments in the name of 
the President of the United States. He corresponds with 
the official representatives of the United States in foreign 
countries and issues instructions for their guidance. 
He has charge of treaties and negotiates new ones ; he 
keeps the archives of the United States and publishes its 
laws, or causes them to be published, together with treaties, 
Presidential messages, proclamations, resolutions, etc. He 
keeps the great seal of the United States and affixes it to 
official papers. He issues and records all passports, and 
he reports to Congress at stated times the relations be- 
tween foreign countries and the United States. He has 
three assistants, known as the First, Second, and Third 
Assistant Secretary of State* 

338. The Diplomatic and Consular Service. — The 
foreign relations of the United States and of its people are 
entrusted to two sets of officials — one, the American minis- 
ters abroad, who represent our Government in a political 
capacity; the other, the American consuls abroad, who 
represent commercial interests, and chiefly the interests of 
Americans as individuals. The duties of the diplomatic 
and of the consular services are never confused. The 
American minister cannot represent or engage in com- 

* The list of Secretaries of State begins with Thomas Jefferson, ap- 
pointed by President Washington September 26, 1789, and contains 
some of the most distinguished names in our civil history. Jefferson, 
Madison, Monroe, J. Q. Adams, Van Buren and Buchanan served each 
as Secretary of State before election to the Presidency, and John Mar- 
shall, the great chief-justice, Henry Clay, Daniel Webster, John C. Cal- 
houn, Edward Everett, Jeremiah S. Black and William H. Seward 
were once at the head of this department. 



THE EXECUTIVE DEPARTMENTS. 185 

mercial interests ; the consul cannot represent or engage in 
political affairs. Our diplomatic agents are of four grades : 

1. Ambassadors ; 

2. Envoys extraordinary and ministers plenipotentiary ; 

3. Ministers resident. These three grades of the diplo- 
matic service are accredited by the President to the head 
of Government of the countries to which they are sent. 

4. Charges d'affaires, commissioned by the President, but 
accredited by the Secretary of State to the minister of 
foreign affairs of the Government to which they are sent. 
In some cases a charge d'affaires is entrusted with the rep- 
resentation until the duly-accredited minister has assumed 
his official duties. 

The duty of diplomatic agents is to carry out the instruc- 
tions which come to them from the President through the 
Secretary of State. They aid in carrying out the President's 
foreign policy by negotiating such treaties and international 
agreements, and securing such international relations, as 
in the judgment of the President seem conducive to the 
welfare of the United States. By the law of nations foreign 
ministers enjoy many rights and privileges peculiar to the 
dignity of their office. They are assisted by secretaries of 
legation and interpreters* 

Our commercial relations with the people in foreign 
lands are entrusted to the American consuls, each of whom 

* Ambassadors are accredited to Great Britain, France and Germany 
with an annual salary of $17,500 each. 

Envoys extraordinary and ministers plenipotentiary are accredited 
to Russia ($17,500), to Austria,Brazil, China, Italy, Japan, Mexico and 
Spain, $12,000 each ; to Chili and Peru, $10,000 each. 

Ministers resident are accredited to Guatemala, Costa Rica, Hondu- 
ras, Salvador, Nicaragua, Uruguay, $10,000 each; to Portugal, Switzer- 
land, Greece, Belgium, Netherlands, Denmark, Sweden and Norway, 
Turkey, Ecuador, Colombia, Bolivia, Venezuela, Hawaiian Islands and 
Argentine Republic, S7500 each. 

Minister resident and consul-general at Hayti $7500; at Liberia, 
$4000. Agent and consul-general at Alexandria, $3500. 



186 CIVIL GOVERNMENT. 

resides in the principal city of a consular district into which 
foreign countries are divided. The officers of the consular 
service are more numerous than those of the diplomatic 
service. The duties of consuls are various. The De- 
partment of State cannot attend to the private business 
of American citizens, but the individual citizen may 
employ the American consul to transact any private 
business he may have abroad. The consul may adminis- 
ter oaths, take testimony, administer on the estates of 
Americans dying abroad and send home the proceeds of 
their estates to be distributed to the legal heirs. Our con- 
suls also secure valuable information relating to com- 
merce, manufactures and agriculture, which they convey 
to our Government, by which it is given to the American 
people. In Japan, Turkey and China any American cit- 
izen charged with crime is tried by the American consul. 
To the consuls are entrusted the interests of American 
seamen and American shipping. The consul keeps a reg- 
ister of all American ships entering his port, the tonnage 
of each ship, the nature and the value of each cargo, the 
number and the condition of the seamen. To the consul 
the seaman may apply for the protection of his legal rights, 
and the destitute mariner is entitled to receive relief from 
the consul at the expense of the Government of the United 
States. But only seamen are entitled to such aid : they 
may be sent home or cared for in a foreign land until 
able to help themselves. The chief duty of a consul is to 
see that the commercial laws of the United States are en- 
forced. These laws or agreements are negotiated by the 
diplomatic agents of the United States. 

339. The Treasury Department. — The Treasury De- 
partment was organized by Alexander Hamilton, and has 
grown into a department difficult to understand on account 
of its complex interests. The Secretary of the Treasury 
must be a man who is not directly interested in trade or 
commerce. President Grant nominated the merchant 



THE EXECUTIVE DEPARTMENTS. 187 

prince A. T. Stewart for this Cabinet position, but the Sen- 
ate refused to confirm him and refused to change the law 
that disqualified him from holding the office. The secre- 
tary is required to suggest plans for creating revenue and 
maintaining the credit of the United States ; to determine 
the manner in which the financial business of the Govern- 
ment shall be conducted; to acquaint Congress, when 
called upon, with any information obtainable in his de- 
partment; to superintend the collection of the revenue; 
and to give warrants or orders for all moneys paid from the 
Treasury in accordance with the appropriations made by 
Congress. The chief business of the Treasury Department 
since 1861 has been the management of the national debt. 

England has a national debt about five times as great 
as ours, and employs the Bank of England to manage it ; 
but in our own country the Secretary of the Treasury 
has this important responsibility. He has the super- 
intendence of the coinage of money, of the national banks, 
of the customs and the custom-houses, of the lighthouse 
system, of the coast survey, of the inspection of steam ves- 
sels, of marine hospitals and of the life-saving sendee.* He 
is aided by two assistant secretaries and numerous clerks. 

The millions of money belonging to the people of the 
United States are entrusted to the treasurer of the United 

The Life-Saving Service is composed of a general superintend- 
ent, assistant general superintendent, inspectors, district superintendents, 
a board on life-saving appliances and the keepers and crews of stations. 
The service is designed to assist vessels and seamen in danger of being 
wrecked. There are 269 stations in commission — 198 on the Atlantic 
coast, 16 on the Pacific, 58 on the lakes, and 1 at the Falls of the Ohio 
River, Louisville, Ky. Since the organization of the service, in 1871, 
to June 30, 1900, disasters have occurred to 11,863 vessels within the scope 
of its operations, having on board 89,947 persons, of which number 
88,986 were saved, and only 961 lost ; and of more than $179,165,859 of 
shipping property, including cargoes involved, nearly eighty per cent. 
• -d. This is one of the mo<t useful branches of work undertaken 
by the Govern ment, and is worthy of more aid and encouragement froin 
Congress than it has hitherto received. 



188 CIVIL GOVERNMENT. 






States, and are kept in strong vaults made for the pur- 
pose.* 

* The business of the Treasury Department is audited by six audi- 
tors. The first auditor has charge of all accounts in the civil service, 
the public debt, the expenses of Federal courts, and the custom-houses. 
The second auditor examines the army accounts (with some exceptions) 
and settles all accounts with the Indians. The third auditor settles all 
accounts of the engineer corps, pensions, war claims, etc. The fourth 
auditor examines all accounts of the navy. The fifth auditor is in 
charge of the accounts with the internal revenue, State department, 
diplomatic service, and the census. The sixth auditor examines the 
accounts of the postal service. 

The auditors' accounts are re-examined by the comptroller of the 
Treasury, and the commissioner of customs revises all accounts of the 
revenue and of the marine service. 

The register of the Treasury has control of the account-books of the 
United States. These books show the exact financial condition of the 
Government at any time. His name may be seen upon bonds and 
United States notes. 

The comptroller of the Treasury is in charge of the national bank- 
ing system. The office was created in 1863. 

The director of the mint has charge of all mints and assays, and re- 
ports to Congress from time to time concerning the yield of the precious 
metals, etc. 

The commissioner of internal revenue supervises the collection of all 
duties and taxes levied by Congress. The States and Territories are 
divided into eighty-two internal revenue districts. 

The solicitor of the Treasury has charge of all prosecutions by the 
Government for the infringement of revenue laws, for counterfeiting 
and other crimes committed against the financial interests of the 
country. 

The chief of the bureau of statistics reports yearly on the trade and 
commerce of the country, and, when directed by Congress, examines 
and reports on the industrial problems in which the nation is interested. 

The superintendent of the coast and geodetic survey has charge of the 
survey of the coasts and rivers of the United States, and publishes 
charts, tide-tables and sailing directions. 

The remaining officers are the supervising surgeon-general, the super- 
vising architect of the department, the supervising inspector of steam- 
vessels, and the chief of the bureau of engraving and printing. The 



THE EXECUTIVE DEPARTMENTS. 189 

340. The War Department.— The Secretary of War, 
under the direction of the President, has charge of the 
military affairs of the country, the keeping of the army 
records, and the expenditure of all money appropriated by 
Congress for the improvement of navigation and the sur- 
vey of harbors. The duties of the department are divided 
among ten bureaus : 

The adjutant-general issues the President's orders, con- 
ducts the correspondence of the army, issues commis- 
sions and keeps the exact record of the army. 

The remaining bureaus are those of the inspector-gen- 
eral, the quartermaster-general, the paymaster-general, the 
commissary-general, the surgeon-general, the chief signal 
officer, the chief of engineers, the chief of ordnance and 
the judge advocate-general. The latter officer reviews the 
findings of courts-martial and is the legal adviser of the 
Secretary of War.* 

341. The Navy Department. — The Secretary of the 
Navy executes the orders of the President relative to his 
department. The duties of the department are divided 
among eight bureaus : A bureau of yards and docks, of 
equipment and recruiting, of navigation, of ordnance, of 
construction and repair, of steam-engineering, of provis- 
ions and clothing, and of medicine and surgery. 

This department also issues nautical charts and sailing 
directions for the use of navigators, and publishes nauti- 

latter officer has charge of the making of all bonds, Treasury notes, 
national bank-notes, revenue stamps, etc. By means of this division 
of labor the vast interests of the Treasury Department are properly 
cared for, and if a single error, however trifling, is made by a clerk, it 
is soon detected by means of the numerous checks and safeguards con- 
stantly employed. 

Among the eminent men who have held the office of Secretary of the 
Treasury are Hamilton, Gallatin, Taney (afterward chief-justice of the 
United States), Chase (also chief-justice), McCulloch and Sherman. 

* Among the distinguished men who have held the office of Secretary 
of War are Edwin M. Stanton, General Grant and General Sherman. 



190 CIVIL GOVERNMENT. 

cal books of great value which are sold at cost to any 
one. The naval observatory at Washington is under the 
care of this department. The nautical almanac is pub- 
lished three years in advance.* 

342. The Department of the Interior. — This depart- 
ment was originally called the Home Department, a name 
significant of the nature of the interests committed to it. 
If information is wanted concerning immigration, public 
lands, the Government survey, mines and mining, schools 
and colleges, the census, patents, pensions, trademarks, the 
Indians or the scientific investigations of the Government, 
the Interior Department will supply it. If pestilence and 
disease prevail in any part of the country, the Interior De- 
partment will advise as to the best method to be pursued 
to overcome them. The subordinate officers of the Interior 
Department are — 

The Commissioner of Public Lands. 

The Commissioner of Indian Affairs. 

The Commissioner of Pensions.f 

The Commissioner of Patents. 

The Commissioner of Education.! 

* Among the distinguished men who have served as Secretary of the 
Navy are George Bancroft and Gideon Welles. 

f Pensions. — Liberal pension laws in the United States since the 
Eevolution have provided for the comfort of soldiers and sailors who 
have become disabled in actual military service, and in case of death 
for the support of their families. The total amount paid to invalids 
and widows from 1791 to June 30, 1889, was $1,138,662,269. The 
present pension-roll contains nearly five hundred thousand names, and 
the amount paid annually is about $88,000,000. 

% The Bureau of Education, organized in 1867, is attached to 
the Department of the Interior, and is under the direction of the com- 
missioner of education. It collects statistics and facts showing the con- 
dition and progress of education in the several States and Territories, 
and diffuses information respecting the organization and management 
of schools, school systems and methods of teaching. Its reports and 
circulars of information are of great value to those interested in educa- 
tional affairs. 



THE EXECUTIVE DEPARTMENTS. 191 

The Inter-State Commerce Commissioners.* 
The Superintendent of Public Documents. 
The Superintendent of the Census. 
A superintendent of the census is appointed for each cen- 
sus, and holds his office only until the completion of the 
census for which he was appointed. 

343. The Post-Office Department. — President Jackson 
first admitted the chief clerk of the Post-Office Department 
to a seat in the Cabinet. The secretary, called the Postmas- 
ter-General, has charge of the postal interests of the nation. 
He awards all postal contracts, directs routes for mails, 
negotiates postal treaties with the consent of the President 
and commissions and appoints all postmasters whose sal- 
aries are not more than $1000 a year. Postmasters who 
receive more than this amount are appointed by the Pres- 
ident with the advice and consent of the Senate. The sec- 
retary controls the styles of postage-stamps and of enve- 

* The Inter- State Commerce Commission.— On the 4th of 
February, 1887, Congress passed the " Act to Kegulate Commerce," un- 
der which the Inter-State Commerce Commission was created. The 
commission consists of five commissioners, appointed by the President, 
with the advice and consent of the Senate, for the term of six years, at 
an annual salary of seven thousand five hundred dollars and travelling 
expenses. It is the duty of the commission to investigate, according to 
the terms of the act, into any matter or question of fact pertaining to 
the business of any common carrier in the United States. The act ap- 
plies " to any common carrier or carriers engaged in the transportation 
of passengers or property wholly by railroad, or partly by railroad and 
partly by water when both are used under a common control, . . . for 
a continuous carriage . . . from one State or Territory of the United 
States ... to any other State or Territory of the United States, . . . 
or from any place in the United States to an adjacent foreign country, 
... or through a foreign country to any other place in the United 
States." The act does not apply to the transportation of persons or 
property " wholly within the State." The object of the act is to pro- 
vide Congress with accurate information by which it may enact lawa 
"to regulate commerce," so that unjust discrimination in freights and 
passenger rates among railroads may be prevented. 



192 CIVIL GOVERNMENT, 

lopes made by the Government, and prescribes the rules 
and regulations of the postal business of the country. The 
subordinate officers of the department are — three assistant 
postmasters-general, an assistant attorney-general, a super- 
intendent of the money-order department, a superintendent 
of foreign mails, a chief clerk, a law clerk and a topog- 
rapher. The business of the Post-Office Department is 
enormous, extends over the entire country and is carried 
on with regularity and safety. Before 1845 it cost from 
six to twenty -five cents to send a letter containing a single 
sheet ; the act of 1845 made the rates five or ten cents ac- 
cording to distance. Stamps of these denominations were 
first issued in 1847. Four years later postage on home 
letters was reduced to three cents, and in 1883 it was re- 
duced to two cents. The Post-Office Department provides 
facilities for the transmission of money by postal notes and 
orders. It classifies mail matter and fixes the rates of post- 
age according to the classification* 

344. The Department of Justice. — Although Con- 
gress created the office of attorney-general of the United 
States in 1789, the Department of Justice was not created 
until 1870. The United States Attorney-general is the 
chief law officer of the Government, and represents the 
United States in all suits at law to which the United States 
is a party. He has the aid of the solicitor-general, two 
assistant attorneys-general, an assistant attorney-general 
for the Interior Department, one for the Post-office Depart- 
ment, a solicitor of the Treasury, a solicitor of the Internal 
Revenue and an examiner of claims. The men who have 
at different times held this office of Attorney-general are 

* The Postal Union. — For the prompt transmission of mail matter 
between different countries, most of the nations have united in forming 
a postal union. It was organized at Berne, Switzerland, in 1874. Let- 
ters are carried from one country to another connected with the union 
at the uniform rate of five cents for each half ounce in weight, no 
matter what distance apart the countries may be. 



THE EXECUTIVE DEPARTMENTS. 193 

among the most distinguished lawyers that the country 
has seen.* 

345. The Department of Agriculture.— Until 1889 
the interests now entrusted to the Department of Agricul- 
ture formed a portion of the interests of the Department of 
the Interior. The wealth of the people of the United 
States is chiefly agricultural. The farmer whose crops are 
injured by destructive insects may apply to the Depart- 
ment of Agriculture and learn how to save his grain and 
his fruit. He may there ascertain the cause and the cure 
of the diseases that afflict his cattle and his horses, and 
obtain information about soil, climate, fertilizers, seeds 
and methods of cultivation. In 1891 the Weather Bureau, 
previously under the control of the War Department, was 
transferred to the Department of Agriculture.f 

The executive departments are united in the President 
of the United States, who has the supreme control of them, 
and is directly responsible to the people for his adminis- 
tration of public affairs. 

* Among them are Theophilus Parsons, William Pinckney, William 
Wirt, Roger B. Taney (afterward chief-justice), Nathan Clifford (after- 
ward justice of the United States Supreme Court), Keverdy Johnson, 
Caleb Cushing, John Y. Mason, Edwin M. Stanton, William M. Evarts 
and Edwards Pierrepont. 

t The Weather Bureau was established by an act of Congress in 
February, 1870, authorizing the Secretary of War to establish and 
equip stations in different parts of the country, where such simultaneous 
observations on the meteorological conditions of the atmosphere could 
be taken as would enable the department to give to all important ports 
on the Atlantic coast and Great Lakes timely notice of the approach of 
dangerous storms, and to collect such information as would be of value 
to shipping and other interests. The system has grown until there are 
now nearly five hundred stations in different parts of the country, hav- 
ing trained and intelligent observers of the weather, whose observations 
are telegraphed to the central office at Washington three times each 
day, and the bureau is thus enabled to foretell the probable character 
of the weather for the next twenty four hours. 
13 



CHAPTER VIII. 

THE COURTS OF JUSTICE. 

346. Determination of Rights. — The industrial, polit- 
ical, social and moral rights of a person may be questioned 
or endangered by another : to determine these rights courts 
of justice administer the laws of the States and of the 
United States. 

347. State Courts. — The State courts are the inferior 
or lower courts, such as the justice's court and the county 
courts ; and the higher or superior courts, such as the court 
of appeals, the court of errors or the supreme court. In 
the State courts are tried all cases of a civil or of a crim- 
inal nature that arise within the jurisdiction of the court 
before which the cases are brought for decision. A case, if 
not appealed to a higher court, is settled in the court in 
which it is first brought. The laws of the several States 
and of the United States determine whether or not a case 
may be appealed to a higher court. Nearly all suits at 
law begun in State courts are settled there. Suits at law 
are managed by men learned in the law, who act in the 
place or turn of another, and who are therefore called 
attorneys-at-law. A person may manage his own case at 
law, but he is safer in employing an attorney. The court 
consists of the judge or judges sitting on the bench for the 
purpose of administering justice. The higher courts are 
provided with clerks or recording officers and reporters j* 

* Reports and Reporters. — The decisions of the higher courts 
are recorded, and from the records are made up the volumes of legal 
reports by the law reporters of the courts. Each State and the United 
194 



THE COURTS OF JUSTICE. 195 

there are also in attendance attorneys-at-law and officers 
that assist the court, such as the sheriff, constables, tip- 
staves and crier. The judgment of an inferior court is final, 
unless set aside by the superior court. 

348. Military and Naval Courts. — Offences com- 
mitted in the army or navy are tried before military or 
naval commissions. Military offences at critical times in 
a nation's history demand speedy, fair and exhaustive 
trial. In times of war civil procedure would be inade- 
quate to the necessities of the case. A case decided in a 
military court, as in a court-martial, cannot be reopened 
except by order of Congress or of the President with the 
consent of Congress. Only the President of the United 
States can pardon persons found guilty by military or 
naval courts. 

349. Arbitration. — Matters of difference between con- 
tending parties are often adjusted by arbitration, which is 
the reference of the matters in dispute to disinterested per- 
sons chosen by the parties, each party choosing one, and 
these two choosing a third arbitrator. Crimes cannot be 
made the subject of arbitration. The opinion or finding 
of the arbitrators is called an award, and is binding on 
the parties to the arbitration. In modern times nations 
have occasionally settled differences between themselves 
by arbitration.* 

States provide for the publication of their own series of reports. These 
reports are the guide of attorneys-at-law and of judges. They are pre- 
pared with great care. 

* This humane and peaceful method of arriving at a judgment was 
pursued by England and the United States in the celebrated Alabama 
case, a body of claims made by the United States against England for 
alleged violations of neutrality during the Civil War. The tribunal to 
determine the disputes between the two countries assembled December 
15, 1871, in Geneva, Switzerland, and consisted of five arbitrators — Count 
Federigo Sclopis of Salerano, named by the king of Italy; Baron Ita- 
juba. named by the emperor of Brazil ; Mr. Jaques Staempfli, named 
by the president of Switzerland ; Charles Francis Adams, appointed by 



196 CIVIL GOVERNMENT. 

350. Criminal Cases and Civil Cases. — All cases 
at law are divided into two classes — criminal and civil. 
A criminal case is one in which a suit is brought, usually 
in the name of the State, by one person against another 
for the commission of a wrong endangering his life, health , 
property, liberty or reputation. A civil case is one in 
which suit is brought to compel a person to execute his 
contract or to make compensation for refusing or neglecting 
to do so. Courts of justice administer civil and criminal 
law, and the same judge may at different times sit as a 
criminal court or as a court hearing civil cases. Courts 
of oyer and terminer and jail delivery and courts of rmi 
prius are courts which redress public wrongs — that is, 
crimes and misdemeanors. Courts of common pleas are 
courts which redress civil wrongs or wrongs arising froLm 
breach of contract. Probate courts, orphans' courts or 
surrogates' courts are courts which settle the estates qa 
deceased persons. 

351. History of a Civil Case. — A civil case originates 
in a breach of contract. A contract is an agreement to do 
or not to do a particular thing * Contracts are expressed-— 
that is, stated formally in writing or verbally before wit- 
nesses ; or implied — that is, such as reason and justice dic- 
tate, and which the law presumes that every man under- 
takes to perform. If I employ a person to work for me, 
the law implies that I shall pay him the value of his ser-* 
vices. It is implied in all contracts that if I fail in per-' 



fche President of the United States; and Lord Chief-justice Sir Alexan- 
der Cockburn, appointed by the queen of Great Britain. After an ex- 
haustive examination of the matters submitted to it the tribunal awarded 
$15,500,000 in gold, September 14, 1872, as the indemnity to be paid 
by Great Britain to the United States in satisfaction of all claims re- 
ferred to the consideration of the tribunal. The award was promptly 
paid, and since that famous decision it has become the custom of civil- 
ized nations to seek a settlement of international disputes by arbitration. 
* See fl 312, p. 169. 



THE COURTS OF JUSTICE. 197 

forming my part of the agreement I shall pay the other 
party such damages as he has sustained by m}^ neglect or 
refusal. The great law of contracts is, that all persons are 
legally bound to keep their contracts or suffer the penalty 
for the breach of them. 

The party bringing the suit at law is called the plaintiff; 
the part}' defending the suit is called the defendant. Each 
party usually seeks the advice of an attorney, and if the 
parties cannot come to an amicable settlement the case is 
brought before the court having jurisdiction in such cases. 
After the filing of the necessary legal papers as introduc- 
tory to the case in court, it comes on in its order for trial. 
The plaintiff, his attorney and his witnesses confront the 
defendant, his attorney and his witnesses. By mutual 
consent the case may be settled upon a hearing by the 
judge alone, but usually the case is set down for a jury 
trial. All cases that come before the courts are brought 
upon oath of the parties bringing them. Plaintiffs, de- 
fendants and witnesses at some stage of the case take 
oath as to the truth of the matter involved. This com- 
pelling every person connected with the case to declare 
his knowledge of it upon oath, imparts solemnity to the 
.proceedings, and makes each person so swearing or affirm- 
ing, guilty of perjury if he does not tell the truth. 

Before the case opens, if a jury trial, a jury is empanelled. 
Trial by jury is very ancient, and its origin is not clear. 
Some think that it arose in England from the custom pre- 
vailing there many years ago of twelve men, called com- 
purgators, or oath-makers, taking solemn oath that to the 
best of their individual belief certain statements were true 
or false. In those ancient days men sometimes resorted 
to curious devices to determine the guilt or the innocence 
of an accused person. He was compelled to plunge his 
naked arm or his body into boiling water or boiling oil, 
or to pick up a red-hot ploughshare, or to walk over 
a fiery path, or to wage battle in single combat. If he per- 



198 CIVIL GOVERNMENT. 

formed these requirements unharmed, he was thought 
to be innocent. In England and in the United States to- 
day trial by jury is the common manner of trying cases, 
and the right to trial by jury is secured to citizens by the 
unwritten constitution of England and by the written Con- 
stitution of the United States.* 

352. History of a Criminal Case. — Offences of an atro- 
cious nature, such as murder, arson, burglary and larceny, 
are called crimes ; offences of an inferior degree of guilt are 
called misdemeanors. Crimes and misdemeanors hazard 
the peace of society, and are therefore public wrongs. The 
person injured or his legal representative, or the attorney 
representing the State, brings the action in a criminal case. 
First, upon evidence sufficient to satisfy a justice of the 
peace, a magistrate or a judge, the person suspected or ac- 
cused of committing the offence is arrested, under warrant, 
by the constable or sheriff. Upon arrest the prisoner is 
subject to preliminary examination before the officer who 
issued the warrant. If not discharged, the prisoner is re- 
manded into custody to await trial. If the offence is a bail- 
able one, he may be set at liberty on bail, which is secured 
to the State by sufficient sureties. The State becomes the 
plaintiff and is called the prosecution ; the prisoner is the 
defendant. After a reasonable time the prisoner, if not out 
on bail, may petition for the right of habeas corpus, which 
the court is bound to notice.f Meanwhile, the attorney 
for the State has drawn up, accurately and in legal form, 
a written accusation which is known as an indictment, which 
he presents to the grand jury. J 

353. The Grand Jury. — The grand jury is a body 
of men, varying in number in the different States, re- 

* See f 308, p. 168. f See fl 296, p. 164. 

X In some of the States the grand jury system is not used. In these 
States the prosecuting attorney presents the case to the petit jury for 
trial. 



THE COURTS OF JUSTICE. 199 

turned by the sheriff of the county to every session of 
a criminal court. A true bill is the formal assent of the 
majority of the grand jury that the person indicted should 
be proceeded against according to law. If a true bill is not 
found, the case is thrown out and comes to an end. The 
number of jurors in a grand jury varies in different States. 
The business of the grand jury is to examine the indict- 
ments presented to it by the attorney for the State or county. 
On these bills are endorsed the names of the witnesses by 
whose testimony they are supported. The attorney gives a 
history of the case so far as he knows it. The jury examines 
the witnesses endorsed on the indictment. They formally 
vote on each indictment, Each true bill becomes a crim- 
inal case before the court. Each grand jury has a foreman 
selected by themselves or appointed by the court. He 
writes across each indictment either "A True Bill " or " Not 
A True Bill," as the jury decides. All the proceedings of 
the grand jury are secret, Before the grand jury retires to 
consult they are charged by the presiding judge concern- 
ing the nature of their duties. The grand jury is a pre- 
liminary jury.* 

354. The Petit Jury. — The jury before whom civil and 
criminal cases are tried is called a petit jury. The term 
" jury " is usually employed as signifying a petit jury. The 
number of jurors must be twelve. The jury is empanelled 
from a number of electors returned by the sheriff from the 
county. From the electors so returned, twelve men are 
selected by lot and take their place in the jury-box. The 
jury is sworn and a case comes on for trial. 

* An entry may be made on the court-record by which the prosecu- 
tor or the plaintiff declares that he will proceed no further. Such an 
entry is called a nolle prosequi. It may be entered in a civil or in a 
criminal case. In criminal cases, before a jury is empanelled to try an 
indictment, and also after conviction, the prosecuting attorney has power 
to enter a nolle prosequi. A nolle prosequi does not acquit the defendant ; 
he may be indicted again. 



200 CIVIL GOVERNMENT. 

The manner of trying a civil case differs in some respects 
from that of a criminal case, but the general procedure is 
the same. Witnesses are examined and cross-examined. 
The attorney for the plaintiff or the prosecution presents 
his side of the case to the court and the jury. The attor- 
ney for the defence follows. The judge then charges the 
jury, relating briefly the history of the case as it has come 
before the court, and instructing the jurors as to the law 
applying in the case before them. The judge's charge is 
listened to with close attention by the jurors, for their 
verdict is the finding of the facts in the case ; what they 
say is fact is fact. After the charge they usually retire to 
the jury-room for consultation. During their consultation 
they are subject to a strict surveillance, and cannot com- 
municate with any person save the judge. A verdict is the 
unanimous opinion of the jury. If no verdict is reached 
the foreman of the jury announces to the judge that the jury 
cannot agree. The disagreement of the jurors usually puts 
an end to the case. If they find a verdict, they return to the 
jury-box and inform the court. The foreman gives the ver- 
dict. In a criminal case it is " Guilty " or " Not Guilty." 
In a civil case it is " For the plaintiff " or " For the de- 
fendant." In most civil cases the jury fixes the amount 
of damages, and the amount named is a part of the ver- 
dict. At the close of the session of court the jurymen are 
discharged. 

Each elector is subject to jury-service unless exempted 
by law. In some of the States persons of certain profes- 
sions or occupations, such as clergymen, physicians, attor- 
neys-at-law, school directors or members of the National 
Guard are exempted from jury service. The judge at his 
discretion may excuse a man from jury-service after he 
has been returned by the sheriff. A court-house is 
often frequented by men w r ho hope to be called as jury- 
men to fill vacancies, and thus earn a small sum. 



THE COURTS OF JUSTICE. 201 

These men are inferior to the men called by the sheriff in 
due course of law from the body of the electors, } T et they 
often decide important cases in court. People sometimes 
complain of the miscarriage of justice in our courts. In 
rare instances the complaint may be well founded. It is 
difficult to obtain a well-qualified jury. Our laws exclude 
from the jury in any case all persons who, having learned 
about the case, have formed any opinion in regard to it, 
A jury is supposed to be absolutely free from prejudice in 
the case before them. It is the duty of the citizen to serve 
on jury when summoned. 

355. Judgment, Sentence and Execution. — The de- 
cision of the court follows the verdict of the jury. In civil 
cases the decision of the court is called the judgment ; in 
criminal cases it is called the sentence. A judgment or a 
sentence follows the law. By force of the judgment the 
party obtaining it seizes and sells by the sheriff the per- 
sonal property of the adjudged person to the amount of 
the claim fixed by the judgment. If the personal property 
is not sufficient to satisfy the debt, the real property of the 
delinquent is levied on and sold by the sheriff to the 
amount of the judgment. 

If found guilty in a criminal case, the person is sen- 
tenced by the court to suffer the penalty of the law. A 
person sentenced to capital punishment may be respited 
or pardoned by the governor of the State.* The carrying 
out of the judgment or the sentence of the court is the 
execution. 

356. The Appeal. — If the party who loses the suit 
thinks there has been an error of any kind in the trial, his 
attorney applies for a new trial, which, if granted, proceeds 
before a new jury in the same manner as when first tried. 
If a new trial is not granted, he may appeal from the de- 
cision of the court to the supreme court of the State. The 

* See fl 195, p. 106. 



202 CIVIL GOVERNMENT. 

supreme court either orders a new trial in the lower court 
or renders a decision in the case. The J decision of the 
supreme court of the State is final, excepting for a certain 
class of cases designated by the Federal Constitution; 
which cases may be appealed to the inferior courts of the 
United States or to the Supreme Court of the United States. 
Cases tried in the supreme court of the State or of the Uni- 
ted States are usually decided by the judges alone, without 
the intervention of a jury. 

357. The Supreme Court of the United States. — 
The Constitution provides for one Supreme Court, which 
meets in the Capitol at Washington, D. C, and consists of 
a chief-justice and eight associate justices. It holds one 
session annually, beginning on the second Monday of Octo- 
ber. A quorum consists of any six justices of the court, 
and the decision of a quorum is the decision of the court. 
It exercises original jurisdiction in all cases affecting am- 
bassadors, other public ministers and consuls and those in 
which a State is a party. All other cases before it are 
cases appealed into it from State courts or from inferior 
courts of the United States. It may modify its own de- 
cisions, but its judgment is final. 

358. Inferior Courts of the United States. — The 
Constitution empowers Congress to establish United States 
courts inferior to the Supreme Court. Under this author- 
ity it has established eighty-two District Courts, nine 
Circuit Courts,* and nine Appellate Courts. The District 
Court consists of the resident district judge. The Circuit 
Court consists of the Supreme Court justice alone, of the 

* The nine circuits are — 1. Maine, New Hampshire, Massachusetts 
and Ehode Island. 2. Vermont, Connecticut and New York. 3. New 
Jersey, Pennsylvania and Delaware. 4. Maryland, West Virginia, 
Virginia, North Carolina and South Carolina. 5. Georgia, Florida, 
Alabama, Mississippi, Louisiana and Texas. 6. Ohio, Michigan, Ken- 
tucky and Tennessee. 7. Indiana, Illinois and Wisconsin. 8. Minne- 
sota, Iowa, Missouri, Kansas, Arkansas, Nebraska, Colorado, North Da- 



204 CIVIL GOVERNMENT. 

Circuit Court judge alone, of the two together, or either of 
them and the District Court judge. Each justice of the Su- 
preme Court is assigned to a circuit. The Appellate Court 
may consist either of a justice of the Supreme Court, or of 
the Appellate Court judge, or of the Circuit Court judge 
and one or more of the District Court judges ; two judges 
constitute a quorum in the Appellate Court. The Appellate 
Court, created March 3, 1891, relieves the Supreme Court 
of "all cases except those involving questions of jurisdic- 
tion, constitutional questions, or capital or infamous crimes. 
The cases which can be appealed to the Supreme Court of 
the United States are those involving the jurisdiction of the 
court from which the appeal is made ; final sentences and 
decrees in prize cases ; cases involving the construction of 
the Constitution or the law of a State claimed to be con- 
trary to the Constitution, and cases appealed from the 
highest court of a State." The Appellate Court appoints 
in each district its own clerk and marshal. 

In addition to the Circuit and District Courts, Congress 
has established the court of the District of Columbia, Ter- 
ritorial Courts, the Court of Claims and Consular Courts* 



kota, South Dakota, Utah, Wyoming, Indian Territory, Oklahoma and 
New Mexico. 9. California, Oregon, Nevada, Montana, Washington, 
Idaho, Arizona and Alaska. 

The eighty-two districts are — New York and Indian Territory, four 
each ; Ohio, Pennsylvania and Texas, three each ; Alabama, Arkansas, 
California, Florida, Georgia, Illinois, Iowa, Kentucky, Louisiana, 
Michigan, Mississippi, Missouri, North Carolina, Tennessee, Virginia, 
West Virginia and Wisconsin, two each ; other States and territories, 
one each. 

* The court of the District of Columbia exercises a civil and a crim- 
inal jurisdiction in that District. The Territorial courts exercise the 
same jurisdiction in the several Territories. The court of claims meets 
in Washington, and has the peculiar duty to decide what claims against 
the United States should be paid. The United States cannot be com- 
pelled to pay anything it owes, but Congress organized this court as a 



THE COURTS OF JUSTICE. 205 

The judges in the Federal courts are appointed by the 
President with the consent of the Senate, and hold office 
during good behavior. They may be removed from office 
on impeachment and conviction by the Senate. Any judge, 
having attained the age of seventy years, may retire on full 
pay after ten years of consecutive service. The compensa- 
tion of the judges cannot be diminished during their tenure 
of office.* 

359. Officers of United States Courts. — United States 
commissioners are appointed b}^ the circuit judges to per- 
form various duties, the principal of which are to arrest 
and hold for trial persons accused of offences against the 
United States, and to assist the district and the circuit 
courts by taking testimony for use in the trial of cases. 
The number of commissioners is at the discretion of the 
judges. To aid in the administration of justice, either 
State or Federal judges, a justice of the peace, or a magis- 
trate may perform the duty of a commissioner. The State 
Government thus aids the Federal Government in arresting 
and examining accused persons. It is through the United 
States commissioner, or the official acting in his stead 
according to law, that the Federal Government exercises 
its power over individuals. A State officer exercising the 
authority of a commissioner acts as an officer of the United 
States, and not as a State officer. 

For each of the eighty-two districts the President ap- 

judicial commision to examine all claims against the United States and 
to report its decisions to Congress. It files its opinions with a committee 
of Congress, and claims found due by the United States are paid by 
order of Congress out of unexpended money in the Treasury. 

Consular courts are held, in some cases, by American consuls in ser- 
vice in foreign countries; the cases decided in them are such as arise 
in commercial transactions between Americans and foreigners where the 
matters in dispute are not of a grave nature. 

* The salary of the chief-justice of the United States is $10,500 per 
annum ; of his associates, $10,000; of the circuit court judges, $6000; 
of the district judges, $5000. 



206 CIVIL GOVERNMENT. 

points a United States marshal and a district attorney. The 
marshal is the executive officer of the circuit and district 
courts, with duties corresponding to those of the sheriff in 
the county. The writ of a United States marshal has 
authority anywhere in the United States * The district 
attorney is the law-officer of the United States for the 
district.! 

360. Justice Secured under the Constitution. — By 
the exercise of the powers given to the Supreme Court by 
the Constitution, the people of the United States secure 
justice. The jarring interests of individuals could not be 
quieted except by the administration of law by a tribunal 
from whose decisions there can be no appeal. The United 
States Supreme Court is our court of last resort, and its 
judgments have been so tempered with wisdom that it has 
become in power what it has long been in name, " the bal- 
ance-wheel in our system of government." Justice could 
not, however, be secured if the Federal Constitution could 
not be adapted from time to time to the interests of the 
nation as they have been recognized by the people. The 
Constitution makes provision for amendments, of which 
more than seven hundred have been proposed in Congress 
since 1789; the fifteen now in force were proposed by 
Congress and ratified by the State legislatures. 

* See tf 172, p. 99. f See |" 173, p. 99. 



CHAPTER IX. 

THE PEOPLE AND THE MONEY. 

361. National Finance. — The industrial interests of 
the people of the United States require a national currency, 
a national revenue and a national system of banking. Con- 
gress alone has power to coin money and to regulate its 
value. 

362. What is Money? — Money is a measure of value. 
The two precious metals, gold and silver, are used in the 
coinage of money because — 

1. They easily receive and firmly retain impressions ; 

2. They do not rust ; 

3. They wear away but slowly ; 

4. They are easily detected from other metals ; 

5. They are easily alloyed and purified ; 

6. They represent a large amount of labor in a small 

compass. 

For the coinage of money Congress has established mints 
at Philadelphia, Pa., San Francisco, Cal., New Orleans, La., 
and Carson City, Nev.; and assay-offices at New York, 
Charlotte, N. C, Boise City, Id., and Denver, Col. 

The coins of foreign lands usually bear an impress or 
figure of the sovereign during whose reign they were 
coined. Thus coins become of rare interest in the study 
of history and in obtaining portraits of famous men. The 
guinea took its name from the Gold Coast of Africa ; the 
napoleon, from the famous soldier of France who first 
coined it. The coins of the United States bear the impress 
of the great seal of the people, a figure of Liberty and the 

207 



208 CIVIL GOVERNMENT. 

national motto, " E Pluribus Unum." Some have thought 
that our coins should bear the impress of the face of the 
President during whose administration they are coined. 
But this would be contrary to the spirit of the Constitution ; 
the people are the Government; the Congress represents the 
people ; and the symbol of the sovereignty of the people is 
therefore appropriately stamped upon our coins. The unit 
of value in our coinage is the dollar. The gold coins 
are the two-and-a-half dollar piece or quarter eagle, the 
five-dollar piece or half eagle, the ten-dollar piece or 
eagle and the twenty-dollar piece or double eagle. The 
silver coins are the dollar, half-dollar, quarter-dollar and 
dime. There are also coined the bronze one-cent piece 
and the nickel five-cent piece, known as "minor coins." 
Our coinage is based upon the decimal system, and was 
introduced by Thomas Jefferson after his ministry to 
France.* 

363. Substitutes for Money. — The right to coin 
money carries with it the right to issue paper money. 
But paper bills are only the evidence of a credit, and are 
but substitutes for money. 

The United States issues several substitutes for gold and 
silver which pass, under certain restrictions, as money. 
They are all bills of credit. They consist of Treasury 
notes, national bank-notes, coin certificates and scrip 
(sometimes issued). 

At different times in our history the ordinary revenues 
of the Government have not been sufficient to meet its 
expenses. Rather than obtain funds by increased tax- 

* The die of the Goddess of Liberty used on our early coins was first 
cut by Spencer, the inventor of the Spencer lathe. He cut a medallion 
of Washington's wife, and some of the first issue of coins were struck 
with her portrait. When Washington saw them he was much dis- 
pleased, and requested that the figure be changed. Spencer then placed 
a cap on the head, altered the features a little and called it the " God- 
dess of Liberty." 



THE PEOPLE AND THE MONEY. 209 

ation, Congress lias borrowed money on the faith and 
credit of the United States. 

364. Treasury Notes. — Treasury notes, sometimes 
called "greenbacks," are promises to pay made by the 
Federal Government. These notes are a legal tender* at 
their face value for all debts public and private, except 
duties on imports and interest on the public debt. 

365. National Bank-notes. — The notes printed by the 
Government and issued by the national banks are a legal 
tender in the payment of all dues to the United States 
except import duties, and for all dues from the United 
States except interest on the public debt. For debts be- 
tween private individuals they are not a legal tender. 

366. Coin Certificates. — Silver and gold certificates 
are issued by Congress on the security of the gold and 
silver dollars deposited in the Treasury of the United 
States. They are the nearest to money of any substitutes 
for money issued by the Government. They are receiv- 
able for customs, taxes and all public dues, and when so 
received may be reissued. They are a legal tender for all 
obligations, public and private, excepting that part of the 
national debt and the interest thereon that the Govern- 
ment has contracted to pay in gold coin of the United 
States. 

367. Scrip, or Fractional Currency. — Paper scrip 
is similar to a Treasury note. It has been issued occasion- 
ally by Congress in fractional parts of a dollar for the 
convenience of the people, but in recent years the smaller 
silver coins have taken its place. 

368. Government Bonds are evidences of indebted- 
issued by the Federal Government for money which 

it has borrowed or for obligations which it has assumed. 
The bonds now in existence are those bearing interest 

* A legal tender is such an offer of payment as a creditor must accept 
or forfeit his right to interest on the amount due him. 
14 



210 CIVIL GOVERNMENT. 

respectively at two per cent., three per cent., four per cent., 
and five per cent* 

369. National Banks. — On the 20th of February, 1863, 
Congress passed the law creating the national banking sys- 
tem. About a year later it was revised, and has con- 
tinued to the present time without material change. Any 
number of persons, not less than five, may organize them- 
selves into a corporation and apply to the Government for 
permission to become a national bank. The contributors to 
the capital of the bank are called stockholders. The stock- 
holders elect the directors, and usually the directors elect the 
president, vice-president, cashier and other employes of 
the bank. The directors determine what portion of the cap- 
ital shall be invested in United States bonds. On deposit- 
ing these bonds with the treasurer of the United States the 
bank receives the amount of the bonds in national cur- 

* In 1875, Congress authorized the issue of three classes of bonds, 
bearing interest at the rate of 5 per cent., 4J per cent, and 4 per cent, 
respectively, to redeem bonds previously issued at a higher rate of 
interest. The right was reserved to redeem the 5-per-cent. bonds after 
July 1, 1885, the 4^-per-cent. bonds after Sept. 1, 1891, and the 4-per- 
cent, bonds after July 1, 1907. The 5-per-cent. bonds were redeemed 
previous to Jan. 1, 1886; of the 4J-per-cent. bonds, $250,000,000 were 
issued, of which, previous to July, 1891, there had been redeemed 
$199,130,800. During this month the Government decided that any of 
the holders of these bonds who desired might have the privilege, during 
the pleasure of the Government, of retaining them after Sept. 1, 1891, 
at 2 per cent, interest, and that those holders who desired could have 
their bonds redeemed on and after Sept. 2, 1891. These bonds were 
finally redeemed in 1900. Five per cent, bonds were issued in 1894, in 
1895 and in 1896, but at such a premium that the interest payable on them 
is only about 3 per cent. Three per cent, bonds were issued in 1898 to 
defray the expenses of the war with Spain. Two per cent, bonds were 
issued in 1900. 

The Pacific Eailroad bonds are known as " Currency Sixes." They 
were issued to assist the Pacific Railroad Companies in building the 
roads. These bonds have matured and the interest on them has ceased. 



THE PEOPLE AND THE MONEY. 211 

rency or bank-bills, printed by the Government and issued 
by the bank, in such denominations as the bank requires. 
If the purchase of bonds by the bank amounts to $500,000, 
the bank will receive $500,000 in national bills for circula- 
tion. This S500,000 is loaned by the bank in the course 
of business ; the bank also receives interest on the Govern- 
ment bonds it purchased. The bank does a discount busi- 
ness by purchasing securities, such as notes, drafts, etc. It 
loans its own issues and also the deposits made by its 
patrons. Thus a national bank is a bank of issue, a bank 
of deposit, a bank of discounts and a bank of loans. 

National banks are required to create a surplus fund, 
for which purpose the directors must set apart each year 
ten per cent, of the profits of the bank until the surplus 
fund is equal to twenty per cent, of the capital of the 
bank. This surplus fund provides the means for making 
good any losses that may occur. National banks are also 
required to maintain a reserve fund in gold and silver coin 
equal to about twenty per cent, of the capital of the bank. 
By this provision the holders of national bank-notes may 
convert them into gold and silver by presenting the notes 
to the bank that issued them. For the protection of the 
interests of the people the Government inspects each na- 
tional bank through a bank examiner, who is empowered 
to enter a national bank at any time, without notice, and 
examine its affairs. He reports the condition of the banks 
to the Comptroller of the Treasury. 

370. Advantages of National Banks. — The advan- 
tages of national banks to the people are — 

1. The bonds of the Government, which were issued as 
a substitute for money, are made the basis of a banking 
systf-m. and are held by the Government as security for 
those who take the bank's bills. 

2. All the national banks are based upon the same sys- 
tem, and the notes of these banks are a national currency. 
The notes of a Florida national bank pass at par in 



212 CIVIL GOVERNMENT. 

Oregon ; if the Florida bank were a State bank, its liabil- 
ities might not be guaranteed, and its notes would pass at 
a discount proportioned to the distance they circulated 
from the bank itself. Before the creation of the national 
banking law each State had a banking system of its own, 
and the finances of the country were frequently disturbed 
by the want of uniformity. The national banking system 
of the United States is more nearly perfect than any other 
system of finance in the world. 

371. The National Debt exists in two forms — the in- 
interest-bearing and the non-interest-bearing debt. The 
interest-bearing debt consists of the two-per-cent., the three- 
per-cent., the four-per-cent., and the five-per-cent. Govern- 
ment bonds, and refunding certificates bearing four per 
cent. The non-interest-bearing debt consists of those 
Government bonds which have matured, but which 
have not yet been presented for payment, legal ten- 
der notes, old demand notes, national bank-notes and 
scrip or fractional currency. A large portion of the evi- 
dences of the national debt has doubtless been lost or 
destroyed, and will never be presented for payment. The 
principal and interest of the national debt must be paid 
by the people, and payment is guaranteed by the " full 
faith and credit" of the people of the United States.* 

372. The Revenue of the United States is derived 
from — 

1. Customs; 

2. Internal revenue ; 

3. Direct tax ; 

4. Public lands ; 

5. Other sources. 

The customs duties arise from the taxes on importations ; 
the number of dutiable articles is about eleven hundred. 
The internal revenue is derived from taxes on spirits, 

* Amount of the national debt, Jan. 1, 1902, was |1, 333,231,564.14. 



THE PEOPLE AND THE MONEY. 213 

tobacco, fermented liquors and fines for violating the in- 
ternal revenue laws. The income from the public lands 
is from sales of land, fees and surveys. By "other 
sources " is meant the receipts of the patent-office, copy- 
rights, escheats, fines, penalties, etc. 

373. Government Expenses. — The expenses of the 
Federal Government are — 

1. The principal and interest of the public debt; 

2. The expenses of the Government for salaries, care of 

Government property, etc. ; 

3. The expenses of the army and navy ; 

4. The expenses created by the Civil War : for pensions, 

war-claims, etc. ; 

5. The expenses necessary for the support of Govern- 

ment institutions, museums, hospitals, scientific 
investigations, internal improvements, and for all 
other measures instituted to promote the general 
welfare of the people* 

* The total revenue of the Federal Government for the fiscal year 
ending June 30, 1901, amounted to §585,548,309. 

The total expenditures of the Federal Government for the fiscal year 
ending June 30, 1901, amounted to §509,947,266. 

The excess of receipts over expenditures for the fiscal year ending 
June 30, 1901, was 875,601,043. 

The total amount of money in circulation Jan. 1, 1902, including 
gold, silver, gold and silver certificates, treasury notes, United States 
notes, currency certificates and national bank-notes, was $2, 173,251,879. 



CHAPTER X. 

THE PEOPLE IN POLITICS. 

374. Distrust of the People. — The only experiment in 
human history of popular government on a grand scale is 
the Government of the people of the United States. At the 
time of its organization European politicians disagreed as to 
the probable result of the experiment. Only a few believed 
that the new Republic would long survive the shocks inci- 
dent to so novel an undertaking. Could a Government so 
constituted long endure ? Would it not fall a prey to party 
greed, to factions, to political conspiracies or to the riot of the 
mob ? Were the masses capable of self-government? Could 
the people be trusted to secure and to maintain their 
own substantial happiness ? Could the governing and the 
governed become the same without the overthrow of all 
government? These questions, and many others like 
them, were asked a hundred years ago when the Govern- 
ment of the people of the United States began. In ancient 
times there were republics, such as Greece, and during 
the Middle Ages, such as those in Italy ; but these repub- 
lics decayed, and their very names are almost forgotten. 

375. Influence of Traditions.— What has prevented 
the decay of the Government of the people of the United 
States ? 

Perhaps the first answer is, We did not break away en- 
tirely from our traditions when we organized a government 
for ourselves. An enduring government is composed of 
many elements, all of which may be arranged in two 
classes: those which are institutional, and those which 
are constitutional. The institutional elements are those 

214 



THE PEOPLE IN POLITICS. 215 

which enter into the way of life habitual to the people — 
their manner of thinking, their social institutions, their 
schools and their churches, their books and their papers, 
their industries and their amusements. The constitu- 
tional elements are political: they are such elements as 
gather about great public questions, methods of govern- 
ing men, of repressing or of removing crimes and evils, 
of protecting interests and rights, and of securing these 
rights for the general welfare. Our traditions as a peo- 
ple aided us in developing our institutions from the 
past without a serious break ; Europe instructed us in art 
and science and industry, but we were obliged to deter- 
mine our constitutions chiefly by our own political experi- 
ence. Fortunately for us, the men who were prominent 
in organizing our Government were conservative men. 
They were influenced by two systems of government 
at that time attracting the attention of the world: the 
English system of a constitutional monarchy, and the 
French system of a mixed democracy then advocated 
by French political writers. They adopted a system 
which embodied the best elements of both, the representa- 
tive democracy ; and to this day the chief executive, the 
Senate and the judiciary of the United States, by the sys- 
tem of indirect election by the people and by Federal 
appointment, continue the conservative elements peculiar 
to the English Government to which our fathers had been 
accustomed for many years. In the choice of our local 
officers, our State officers, and members of the national 
House of Representatives we approach closer to a democ- 
racy, but the approach is by the system of representation. 
Thus our Government, whether State or national, is a rep- 
resentative democracy. 

376. Political Experience. — During the century mis- 
takes have doubtless been made, but the general tendency 
of political affairs has been to promote the welfare of the 
people. 



216 CIVIL GOVERNMENT. 

During the earlier years of our history the Constitution 
of the United States was the sole guide of our political 
leaders. It was then unincumbered by party interpreta- 
tions and collateral growths. It was the text of an instru- 
ment awaiting interpretation by the will of the people. 
That interpretation has slowly grown with our national 
growth, and as we enter upon the second century of our 
history we possess a political experience which will aid us 
in avoiding many possible dangers of the future. 

377. Equality Before the Law. — In a popular gov- 
ernment, if one citizen suffers unjustly the rights of all are 
endangered. Equality before the law is the inborn right 
of every American citizen. Any element in our national 
life which endangers that fundamental right endangers our 
whole frame of government. The principal object of any 
organized government is to secure to the citizen his rights, 
to protect them, and so to constitute the public mind that 
nothing less than complete security and perfect protection 
will satisfy the conscience of the nation. All political 
combinations, all rings and monopolies, all corporations 
and social arrangements, which endanger the equal rights 
of each citizen before the law, must be torn up by the roots 
and cast away. 

378. Origin of Political Parties. — On public ques- 
tions, however, all men do not and cannot think alike. 
The very function of government is always in dispute. 
Shall the Federal Government be extended so as to include 
practically all local government under the excuse of pro- 
moting the general welfare ? Shall the Federal Govern- 
ment limit itself wholly to administrative duties, attempting 
nothing for the individual citizen, but leaving his interests 
entirely to the care of the State ? Shall the Federal Gov- 
ernment be made paternal in its relations to the people ? 
On these fundamental questions the people have widely 
differed. Political parties have sprung up among them, 
and have at last become so characteristic of popular gov- 



THE PEOPLE IS POLITICS. 217 

eminent in this country that it is practically impossible 
to conduct our Government without the intervention of 
them. A political party is an organized body of men act- 
ing together for the accomplishment of certain results in 
governmental affairs.* 

379. Contrasts and Comparisons. — When Washing- 
ton was first chosen President political parties did not 
exist in the country, but they began during his second 
term. Then, and for nearly a quarter of a century after, 
political parties were local rather than national in charac- 
ter. The means for intercommunication were so imperfect 
that it was impossible for men living in distant parts of 
the country to organize and to transact political business 
with harmony and dispatch. Political parties have become 
organized forces in this country just as the means for com- 
munication between different pans of the country have 
been perfected. The age of post-horses gave way to the 
age of coaches ; coaches were displaced by canals, and 
canals by railroads and telegraphs. When Hamilton was 
the leader of the Federal party in 1800, it took three 
months to carry his views to men of the same mind in 
distant Georgia, so difficult was the journey from New 
York to Savannah. To-day, the views of a national com- 
mittee in New York are known in a few minutes in Gal- 
veston or in San Francisco. In Hamilton's day only the 
leaders participated in politics ; the majority of men were 
disqualified by poverty or deterred by lack of interest 
from voting. The electors then voted viva voce, except in 
a few States which, like Massachusetts, had introduced 
the ballot. Now the use of the ballot is universal, religious 
and property qualifications have disappeared, and a man 
has the right to vote because he is a man. 

380. The Organization of Political Parties. — With 
the more perfect means of communication of ideas in the 

* See * 141, p. 84. 



218 CIVIL GOVERNMENT. 

land, political parties have become more perfectly organ- 
ized, until the perfection of party organization has occa- 
sioned the use of the word " machine " as descriptive of 
party methods. Each party is ruled by its committees, 
which begin in the township, the ward and the town. The 
ward committee sends a delegate to the convention of 
ward committees, and the city or county committee is 
chosen by the convention. County and city committees 
send delegates to State conventions, and State committees 
are chosen. The State committees are instrumental in 
choosing the greatest committee of all, the national com- 
mittee, which usually directs a Presidential campaign, 
disburses the party funds, distributes the party speakers, 
and assists the various State committees whenever it is 
necessary. The work of the party machine is so concealed 
from public attention that even in the midst of a campaign 
it is scarcely detected. So strong is the power of a polit- 
ical party that it sometimes invades individual rights and 
attempts to dictate how individuals shall vote. Individual 
duty and party obligations sometimes conflict; the only 
safe guide for the individual is his conscience. 

381. Party Influences. — Political parties have become 
mighty forces amongst us. They have grown with our 
growth as a people ; they support influential newspapers ; 
they print millions of political pamphlets and scatter them 
over the land. Books, magazines, public addresses on all 
phases of public questions keep the people familiar with 
the various views of the leading minds of the country. 
Steam, electricity, industrial and commercial interests 
bring the people into close political relations. It follows 
that the people divide into two great parties, which are 
to-day so closely balanced that the change of a thousand 
votes in a doubtful State will decide the result in a Pres- 
idential election. In the Presidential election of 1888 over 
eleven millions of votes were cast by the electors in the 
United States, and nearly in equal amounts for two candi- 



THE PEOPLE IN POLITICS. 219 

dates. A change of one per cent, of the entire vote of New 
York, Indiana and California in favor of President Cleveland 
would have re-elected him to the Presidency. But polit- 
ical parties have not always been so closely balanced. 
When great issues have been at stake, as was the case in 
1864 and 1S72, the majority for the successful Presidential 
candidate was enormous. So large a majority is evidence 
that the people have very decided opinions on the issues 
before them, and that they think that some particular 
party is better qualified than another to carry out the 
principles of our Government. A small popular majority 
in a national election is evidence that the people are so 
equally divided in sentiment that they are about as will- 
ing to trust one party with power as the other. Political 
parties in the days of their strength have been moderate 
in the United States. President Hayes became President 
by a majority of one vote in the electoral college, } T et there 
was no attempt to prevent his peaceful inauguration into 
office. It is doubtful whether in a similar case during the 
first sixty years of our history the party opposing would 
have allowed a President to be inducted into office. 

382. Americans Conservative. — The reason for the 
change in public sentiment is found in the growth of the 
spirit of conservatism in the United States. We are a 
conservative people, although foreign observers do not 
always detect that element in our national character. 
Since President Jackson's administration the Government 
of the United States has become more democratic, the 
popular vote has reached its full strength, and the people 
participate closely in the determination of all important 
political issues. American conservatism is plainly seen 
in the respect for the law which is so characteristic of the 
people. Although a law may be bad, the people act on 
the principle that the best way to get rid of a bad law is 
to enforce it. 

383. Political Issues. — The numerous public ques- 



^^M 



220 CIVIL GOVERNMENT. 

tions on which at various times the people have divided 
have taken significance from their intrinsic nature or from 
the times and circumstances under which they have arisen. 
The settlement of some of these issues has decided the cha- 
racter of the nation.* Of these issues the most important 
were — the Assumption of the Revolutionary Debt, the 
National Banking System, Internal Improvements, the 
Acquisition of Territory, Commercial Rights on the High 
Seas and the Payment of the National Debt. 

National issues usually become State issues as well, be- 
cause an elector in the United States is usually a party- 
man even in local politics ; he supports his party candidate 
for school director with as much zeal as he supports his 
party candidate for Congress. On political issues political 
parties have not always maintained opposite doctrines. 
One party may favor internal improvements under one 
system, the other party favor it under another. 

384. Platforms and Planks. — Each party usually 
formulates its opinions somewhat loosely in a series of 
resolutions called a " platform," passed by a party polit- 
ical convention. Each resolution is called a "plank." 
Party platforms do not always state the full intentions of 
the party, but every member of the party understands or 
claims to understand them. The campaign opens, the 

* The greater financial issues have been — the Assumption of the 
Revolutionary Debt, 1789 ; the Chartering of the United States Bank, 
1790; a Protective Tariff, 1832, 1846, 1888; a System of Internal Im- 
provements, 1820-68 ; the issue of Paper Money by the Federal Gov- 
ernment, 1863; the National Banking System, 1863-78; the Payment 
of the National Debt, 1872 ; and the Kesumption of Specie Payments, 
1879. Some of the industrial issues have been — Federal Aid to Canals 
and Railroads, 1820-68 ; Coast Surveys, the Establishment of Light- 
houses, Scientific Explorations and Investigations, 1800-70 ; the Home- 
stead Act, 1859-62; Slavery, 1789-1870; Immigration, 1888. Among 
the international issues have been — the National Boundaries, 1783- 
1872; Commercial Rights on the High Seas, 1812; the Acquisition of 
Territory, 1803, 1819, 1848, 1853, 1867 ; Neutrality, 1795, 1862. 



THE PEOPLE IN POLITICS. 221 

appeal is made to the people, the ballots are cast and 
counted; the issue is settled until another election may 
again bring it forward for popular decision. The victori- 
ous party is the organ chosen by the people by which to 
administer the Government for a limited time. 

385. Politics and the Constitution. — In the interpre- 
tation and determination of civil and political rights and 
duties political parties have advocated one of two systems 
of government — one based upon a strict, the other upon a 
liberal, construction of the Constitution * These terms in 
our pohtics signify that the written Constitution has been 
consulted, and that its provisions are plainly expressive and 
strictly definite as to the course to be pursued, or that the 
Constitution is silent on the subject, or, if containing any 
reference to the proposition, it is not explicit. It has hap- 
pened several times in our history that the Constitution has 
been appealed to by both parties for the time being ; thus 
slavery was approached by all parties through the Constitu- 
tion, but at last it was found necessary to amend the Con- 
stitution with respect to slavery. Foreigners who study 
our Government are apt to construe all our politics by 
our written constitutions, forgetting that our party politics 
take up questions which we consider entirely outside of 
the Constitution. The Constitution says nothing about a 
tariff, although it mentions "taxes, duties, imposts and 
excises." A tariff bill is a revenue bill, and the prin- 
cipal issue between the two great parties in 1888 was 
simply a question of Government revenue. The question 
then was not, "Shall the Government have a revenue?" 
but, " How shall the revenue be raised ?" The constitu- 
tionality of a tariff was settled during the first Congress ; 
the expediency of a tariff or how much tariff or on what 
articles may become a question at any national election. 

386. Function of Parties. — By means of political 

* See H 141, p. 84, and fl 274, p. 152. 



222 CIVIL GOVERNMENT. 

parties the people become closely familiar with the admin- 
istration of their Government. They become acquainted 
with its wants, its scope and its character. They see that 
the Government is the will of the majority expressed by 
the administration in power. If the party in power makes 
bad use of the trust imposed upon it, it is turned out of 
office at the next election and the people try the other 
party. The responsibility to the people of the party con- 
ducting the Government is direct, and is felt in the daily 
life of each citizen. If my letters go wrong, I complain to 
the postmaster ; if they continue to go wrong, I complain 
to the Postmaster-general. I blame the party in power 
represented by the President, and to the best of my ability 
I use my influence to prevent the continuation of that 
party in power. My reason for opposing that party may 
be utter folly to another man, but if my reason can be 
formulated in a party principle, I usually find many of 
my fellow-citizens who agree with me. If I doubt the 
wisdom of the party's action in Congress, I vote against 
that party when an election occurs. Thus it follows that 
I as a private citizen, joining with other private citizens, 
may change the administration. 

A government like our own, based upon a free people 
acting through political parties constituted and organized 
out of its own body, is a government in which its whole 
responsibility rests upon the citizen. I am responsible 
with my fellow-citizens for the political condition of affairs ; 
I, a private citizen, exercising my rights and performing 
my duties, am the free agent whose life and character 
determine largely the life and character of the government 
of which I am a constituent part. 

38T. Political Reforms. — The people have not always 
taken the lead in great reforms. Too often the masses are 
slow to detect the tendency of affairs and the necessities 
of the times. Leaders have then come forward ; evil after 
evil has been exposed and attacked ; the people have list- 



THE PEOPLE IN POLITICS. 223 

ened, have thought, and at last have acted. Then the 
party of reform becomes the party administering the Gov- 
ernment, and the nation reaches a loftier moral height than 
before. And it has happened that a party has changed its 
opinions, and after many years has become the defender 
of views which it opposed when first presented. Political 
parties in this country are a correct indication of the pub- 
lic mind. 

388. Mobs and Courtesies. — With the changes in the 
social, industrial and moral life of the people a change has 
occurred in their political life. In early days the members 
of different political parties wore badges and hats and 
ribbons as party-marks. Political differences then were 
occasion for constant broils between individuals, and even 
the cause of fatal duels, as in the case of Hamilton. Mem- 
bers of different political parties then were disrespectful to 
each other in the street, lampooned each other through the 
newspapers, attacked each other's political headquarters 
and wantonly destroyed each other's property. Party 
rancor invaded the courts of justice and animated the 
judges against political offenders because of party opin- 
ions. The press was violent in its tone and political 
pamphlets of an abusive nature were issued. The 
masses were ignorant, passionate and easily aroused. 
Political processions were common occasions for serious 
riots ; the polling-place was too often the scene of disorder. 
But with the increase of knowledge among the people 
political life has changed. No longer are riot and abuse 
and violence and judicial partisanship found. The whole 
feeling and thought of the people have been modified. In 
the city of Philadelphia during the Presidential campaign 
of 1888 a Democratic procession accidentally came in con- 
tact with a Republican procession. On the same spot nearly 
a century ago Federalists and Anti-federalists had met in a 
bloody riot during the excitement of a Presidential cam- 
paign ; but now with orderly presence and with hearty 



224 CIVIL GOVERNMENT. 

cheers the men in the Republican lines saluted their fel- 
low-citizens of the opposite party, and opened their lines 
to allow them to pass ; and the salute was returned with 
generous courtesy by the men in the Democratic lines. It 
is a mistake to think that politics are worse to-day than in 
the days of our fathers ; the politics of to-day are purer, 
cleaner and better than the politics of the early days of 
the Republic. With the liberalization of ideas has come a 
liberalization of politics ; not yet perfectly, for there is 
yet much in our politics that needs reform. Upon the 
individual citizen rests the responsibility of purity in elec- 
tions, purity in party politics and honesty in the admin- 
istration of government. 

389. Liberty Enlightening" the World. — In the har- 
bor of the city of New York may be seen the statue of 
" Liberty Enlightening the World," a splendid gift from 
the people of France to the people of the United States. 
At night the uplifted torch, held high for the guidance of 
vessels, casts its friendly light for many leagues far out to 
sea. Typical of the friendship of two powerful nations of 
modern times, it is typical also of that sublime aspiration 
now so universal in the world, the love of liberty. Stand- 
ing in the highway of the world's commerce, it suggests 
the spirit which controls the worldwide interests of the 
people of the United States and the interests of the other 
civilized nations of modern times. One touch of human 
brotherhood makes the world akin ; one simple word of 
English speech signifies the sublime purpose of the found- 
ation of popular government in this Western World. Faith- 
ful to the traditions of the past, mindful of the teachings 
of our fathers, keenly vigilant to the dangers that beset us, 
conservative in our thoughts and in our ways, faithful to 
each other, to ourselves and to God, we, the people of the 
United States, may transmit to our posterity a Government 
which shall continue to the latest day of the children of 
men. 








LIBERTY ENLIGHTENING THE WORLD. 



Yo 



225 



CHAPTER XI. 

THE CITIZEN. 

390. How Considered in American Law. — A citi- 
zen is a person born or naturalized in the United States. 
Men, women and children are citizens. Those citizens 
who have the right to vote are electors. Native elec- 
tors may fill any office within the gift of the people, 
and naturalized electors are eligible to any State or Fed- 
eral office except that of the President and of the Vice- 
President. Since it is now possible for a member of the 
Cabinet to succeed the President in some contingencies, it is 
improbable that hereafter naturalized citizens will be called 
into the President's Cabinet, as they have been in several 
administrations in the past. A citizen of the United States 
residing in any State of the Union is a citizen of that State. 
Naturalized persons first become citizens of the United States, 
and then by right become citizens of the State in which they 
choose to reside. The naturalization of an alien naturalizes 
his wife and those of his children who are under age. The 
children of an alien who are born in this country, if they 
continue to live here, are considered natives ; they may, 
however, when they become of age, elect to become citizens 
of the country of which their father was a citizen. Chil- 
dren of American citizens born in foreign lands are con- 
sidered American citizens, unless when they become of 
age they elect to become citizens of the foreign country. 
Citizens of the United States are entitled to the protection 
of the American Government. Every citizen is born with 

226 



THE CITIZEN. 227 

industrial, political, legal, social and moral rights and 
duties. 

391. An Industrial Person. — It is my right and my 
duty as a citizen to exercise my powers industrially. In 
order to do this I require training and education, which 
are imparted to me hy my parents and by the State organ- 
izing its efforts in a system of public education. Educa- 
tion is given to me as an opportunity in life at the expense 
of the community, which is taxed to support an educa- 
tional system. Schools of high grade, such as technical 
schools, colleges and universities, offer more extensive 
means for training and acquisition, but not usually at the 
expense of the State. In most of the States, however, 
exist institutions of learning of higher rank than that of 
the common school, at which, if I choose, I may obtain 
further preparation for my work in life. As an industrial 
person I should equip myself to do some necessary and 
honorable work in the world ; secure myself by training 
and acquisition against poverty and distress, and also thus 
secure the comforts of life to those who may be dependent 
upon my efforts. My first duty is to acquire a reason- 
able degree of skill that shall employ me in a manner 
most worthy of my powers. Life is real, and I must be 
prepared to act my part amid its realities. Not alone 
training the mind by means of books, but manual train- 
ing and actually learning things and men, and thinking 
accurately and swiftly about them, constitute my best 
preparation for the industrial life. I may not work at a 
trade nor enter a profession nor farm nor buy nor sell, 
but if I assume to do any of these I must continue, for 
the best interests of myself and of my fellows, to be an 
industrial citizen. 

392. A Political Person. — As a citizen I am a polit- 
ical person, governing and being governed. I participate 
in the life of my generation, discuss public questions, listen 
to others, join a political party which best expresses my 



228 CIVIL GOVERNMENT. 

conscientious views, and to the best of my ability I act 
with that party for the welfare of my locality, my State 
and my country. In order to do this I must be acquainted 
with the nature of the government of which I am a part. 
My knowledge must extend to the examination of the mo- 
tives of men, the duties of citizenship, the record of polit- 
ical parties, the consequences of political actions and the 
probable effect of those political measures which I support 
or oppose. Newspapers, books, travel, inquiry, information 
of all kinds, must be made subservient to that wise know- 
ledge of men and measures which alone can make me a 
thinking citizen instead of an ignorant partisan. If an 
elector, I must vote as wisely as my judgment permits, 
and I must use my individual influence to secure purity 
in elections, official honesty and fidelity, and, above all, 
to create a wise and conscientious citizenship. This is 
a government " of the people, by the people and for the 
people." Therefore the people must be wise, just and 
faithful. 

393. A Legal Person. — As a legal person I am in cer- 
tain relations to men and to things. I indirectly make 
the laws if an elector, or directly if a legislator. I am sub- 
ject to the laws. I inherit or obtain property, and thereby 
must assume responsibilities. I stand in personal rela- 
tions, such as husband to wife, parent to child, child to 
parent, guardian to ward, brother to sister, employe to 
employer. In all of these relations I am responsible for 
my conduct. The ownership of property brings me into 
direct relations with the government, because my property 
aids in continuing that government. I am anxious for 
peace and prosperity, and must conduct my business ac- 
cording to the spirit as well as to the letter of the laws. If 
my services are demanded by the State or by the nation 
to carry arms for the defence of my country, I must go 
willingly and personally assist in continuing or in restor- 
ing the blessings of liberty to my fellow-citizens. I am 



THE CITIZEN. 229 

liable to jury-service and to the duties incident to offi- 
cial service, provided I am called to serve in a public 
capacity. In my business relations I am constantly sub- 
ject to the performance of my contracts, whether expressed 
or implied. I am responsible for the payment of taxes to 
the local and to the State authorities. I have right to sue 
and to be sued, to appeal to the protection of the law if I 
am injured by another, and to have a free, full, speedy 
and impartial trial before a jury of my peers in case I am 
the defendant in a case at law. My legal rights are jeal- 
ously guarded by the laws of the land and by the Consti- 
tution of the State and of the United States. My principal 
legal right is my equality of right with my fellow-citizens 
before the law. 

394. As a Member of Society. — As a member of a 
free society composed of my fellow-citizens I enter a large 
group of relations. There are innumerable duties and 
rights necessary to the welfare of society which must be ob- 
served by the citizen, although there may be no special law 
requiring their observance. Mere laws cannot make society 
good. Laws are not better nor wiser than the community 
which enacts them. The unwritten laws of society are 
often more potent than the written laws. Public opinion 
praises or condemns human actions. I contribute to pub- 
lic opinion by expressing my own. I influence society by 
my character, my manner of life, my opinions, vny use of 
property, my treatment of others, my ideas of right and 
wrong, my entire conduct as a human being. I must there- 
fore consider the rights of society as general rather than as 
particular, as affecting masses of men rather than individ- 
uals. Society implies citizens as a community of moral per- 
sons. Public morals are not likely to be better than private 
morals ; public opinion is colored by the private opinions 
of energetic men and women. As a member of society my 
duties enlarge to the consideration of "Who is my neigh- 
bor ?" I must so live that the motives and principles that 



230 CIVIL GOVERNMENT. 

actuate and direct my life, if applied as a rule, would ope- 
rate for the welfare of society. 

395. As a Moral Person. — Government is moral be- 
cause the individuals who constitute it are moral in their 
nature. All that tends toward goodness and happiness and 
honor and civilization is moral. Unfortunately, there are 
criminals and evil men in human society. These must be 
controlled or removed. Prisons and jails are as necessary 
as school-houses and churches. Great cities are crowded 
with the vicious and the unfortunate, whose children are 
endangered by evil associations and whose training is acci- 
dental or immoral. Morality is fostered by industry, 
sobriety, righteousness and self-government. There is 
something within me that tells me of higher relations than 
those of earth. I have aspirations for eternal life. I know 
that God is ; that right makes might ; that morality con- 
duces to my welfare, to the welfare of society and to the 
peace of the whole world. My moral relations are the 
loftiest which I can possibly sustain, because by them I 
stand a brother to my fellows and a child of God. 

The chief duty of a citizen of the United States is to use his 
influence, and if he is an elector to deposit his vote, for purity in 
politics and for the education of the people, industrially, polit- 
ically and morally. 



CHAPTER XII. 

THE NATION. 

396. The Elements of the Nation. — The Nation is 
the people as a moral unity, not merely the people as 
enumerated in the census. It is a moral organic whole, 
not a confederation of individuals as a heap of sand is an 
accumulation of individual grains. Thus the Nation is 
distinct from a mob, a party, a faction or an association 
of individuals. It is distinct from the offices created in 
its formal expression of government. It is distinct from 
its constitution and its treaties. The elements of the Na- 
tion are the people and the land. The Nation is the 
whole people as a moral person, and the field of the Na- 
tion's activity is the land. The use of the land is sacred 
to nationality. The synonym of nationality has been for 
ages the people and the land. The land of our Nation 
will extend as far as the sovereign will of the Nation 
moving in the realization of its moral character shall dic- 
tate. Natural boundaries alone can determine its confines. 
It is probable that only the waves of the ocean, the cold 
of the north and the heat of the south will ultimately mark 
the boundaries of our national domain. 

397. The Sovereignty of the Nation. — The Nation 
alone is sovereign. Its will is expressed from time to time 
by its chosen representatives acting together in convention. 
The Nation is older than the written Constitution. As a 
sovereign it determines for itself its aim and its object in 
history. It declares its will and embodies its spirit in its 
institutions. Its sovereign rights are those of self-preserva- 

231 



232 CIVIL GOVERNMENT. 

tion, the power to declare war and to conclude peace, to 
enter into treaties with other nations, to coin money and 
to exercise the right of eminent domain. No powers can 
be greater than these. They identify the Nation as a con- 
scious moral being. As a sovereign the Nation enters into 
relations with other nations by treaty. A treaty thus 
made becomes a part of the supreme law of the land. 
International law is thus made possible by the comity of 
nations, and individuals may partake of the benefits thus 
conferred by solemn agreements between the sovereigns.* 

398. The Nation and the Constitution. — The Gov- 
ernment of the people of the United States is the formal 
expression of the will of the Nation, as the law of the land 
fashioned as the method of civil and political procedure. 
The unwritten constitution is the development of the Na- 
tion in history, its customs, its laws, its opinions, its moral 
sense finding expression in its institutions. The formal, 
the written Constitution, is changed by the will of the peo- 
ple. Social revolutions, industrial changes, political revo- 
lutions cause changes in the written supreme law of the 
land. At critical times in the Nation's history the written 
Constitution is naught, and the people by their decision or 
indecision impart to the written instrument a new mean- 
ing or wholly reconstruct the formal Constitution. 

399. The Nation and the Citizen. — The existence of 
the citizen is necessary to the existence of the Nation, and 
the Nation is necessary to the existence of the citizen. The 
Nation is not apart from the citizen ; he is in and of the 
Nation. In it and through it he realizes his rights and is 
protected in them. The individual is a moral person ; so 

* The United States has treaties with the Argentine Eepublic, Aus- 
tria-Hungary, Barbary Powers, Bavaria, Brazil, China, Colombia, New 
Granada, Costa Eica, Honduras, Denmark, France, Germany, Great 
Britain, Hanseatic Eepublic, Hawaii, Italy, Japan, Mexico, Nether- 
lands, Paraguay, Peru, Portugal, Eussia, Sardinia, Spain, Norway and 
Sweden, Switzerland, Tripoli, Turkey, Venezuela and Wiirtemberg. 



THE NATION. 233 

is the Nation. Each has a law peculiar to its own being. 
Both have an origin by the will of God, and each moves 
in the world as a moral power. Society is thus composed 
of moral elements ; k ' Man is born a citizen." The citizen 
has his own destiny to work out consistent with the moral 
order of the world. All he can realize is made possible to 
him by his own nature, and he is responsible for the exer- 
cise of his own powers. When every citizen, conscious of 
his industrial, his political, his social and his moral respon- 
sibilities, lives consistent with the laws of his moral nature, 
then, and not till then, has the Nation its full strength and 
the citizen a realization of a complete life. The Nation 
complements the moral activities of the citizen, and insti- 
tutes and maintains for his benefit a field for his reason- 
able activities and his normal development. The Nation 
is thus bound to educate the citizen harmoniously, offer- 
ing him opportunities for industrial, political, social and 
moral training. It has as a constant function the placing 
within his reach the realization of his loftiest hopes and his 
moral purposes, and to exalt his manhood and ennoble 
human life with human sympathy and brotherly affection. 
The majesty of law, the authority of Government, the sol- 
emn declarations of treaties and constitutions, gather like a 
benediction on the sacredness of the family and the home. 
400. The Nation and its Foes. — The foes of the 
Nation are the forces that would disintegrate it, and with 
which it wages a perpetual conflict. These are the con- 
federacy and the empire. The confederacy resolves the 
Nation into selfish, warring, individual elements, destruc- 
tive of the moral unity of the people. The empire chokes 
the freedom of the Nation and raises the arbitrary will of 
an individual into supremacy. The confederacy cannot 
endure; the empire cannot be free. The confederacy 
tends toward anarchy; the Nation is the type of peace 
and order. The empire tends toward an absolute monarchy ; 
the Nation is the type of moral freedom. The confederacy 



234 CIVIL GOVERNMENT. 

is a type of Nihilism, which is the negation of civil govern- 
ment ; it is of necessity the patron of Socialism, because 
the confederacy cannot control the political and social 
vagaries of its votaries. The confederacy is a transient 
voluntary contract between individuals ; the Nation is the 
normal condition of the moral people as a whole. The 
confederacy is an artificial creation; the Nation is a natural 
growth. The confederacy is like a heap of grains of sand ; 
the Nation is a living being. As the Nation triumphs over 
the confederacy it realizes its sovereignty j as it triumphs 
over the empire it realizes its freedom.* 

* Communism, Socialism, Nihilism and Anarchism are organized 
foes of the Nation. 

Communism seeks social perfection in a putting in common of 
persons and of things ; it destroys the family and private property. It 
attacks the foundations of modern society. 

Socialism seeks to modify existing laws, manners and customs, 
especially those relating to property, capital, labor, rent, taxation and 
the ownership of public franchises by the Nation, the State, the city, the 
county and the town. To the conservative, the changes suggested by 
Socialists seem fanciful and destructive of civil government. 

Nihilism, as the name signifies, is the negation of all government. 
It seeks to overthrow all existing civil government by assassination, 
dynamite bombs or revolutionary measures of any kind. Nihilism is 
the reflex political organization of revolt against the autocracy and 
enthroned selfishness of absolute monarchy. The political exiles in 
Siberia are principally Nihilists. Anarchism and Nihilism are prac- 
tically the same forms of lawlessness. 

Societies and individuals holding and teaching ideas destructive to 
the welfare of our country have within recent years caused riot and 
bloodshed in several of our great cities. Without doubt, the people of 
the United States harbor foreigners who hold political ideas wholly at 
war with those which lie at the foundation of our free Government. 
It is the duty of every American citizen to know his rights and to per- 
form his duties ; to understand the privileges of his own Government ; 
to carry out its humane principles ; and to eradicate, by lawful means, 
all influences injurious to the peace and welfare of his native land. 



THE NATION. 235 

401. The Nation the Permanent Element in His- 
tory. — The Nation alone is permanent; it is as old as his- 
tory. Governments are the passing forms of nationality. 
The mission of the Nation on the earth is to enfranchise 
man, to exalt humanity, to realize a divine idea among 
men. God rules in the affairs of men; he is the God 
of nations also. Centuries pass; new faces come and 
go ; new voices are heard over the earth ; other hands la- 
bor, and other men enter into their labors with the glory 
of new duties and the enthusiasm of the exercise of new 
rights. A pure morality, a lofty statesmanship, a sacri- 
ficial devotion among the people to the rights and duties 
of citizenship alone keep the Nation from decay. Inven- 
tion and discovery ameliorate the condition of men ; sci- 
ence and art enlarge the bounds of human knowledge ; but 
the Nation alone as a moral power in the world can carry 
on the work of history. "The Nation is formed as a 
power on the earth. It is invested with power of God ; 
its authority is conveyed through no intermediate hands, 
but is given of God. It is clothed with His majesty on 
the earth." 

402. The National Flag and Seal.— The symbol of 
the Nation is the flag ; the evidence of the authenticity of 
its decrees is the great seal. To an American the flag of 
his country is an object of veneration ; to the people of 
other lands it is the symbol of liberty, union, peace, hap- 
piness and prosperity. Wherever the flag floats the voice 
of the Nation is heard, and the imprint of the great seal is 
the solemn proof of its message. The honor of the Nation 
is the honor of its flag. 

403. The People of the United States.— To the peo- 
ple of the United States are entrusted the sacred interests 
of government. Each citizen is the keeper in trust of the 
happiness of himself and of those who will come after 
him. The people are the Nation, and they are to work out 
on earth the realization of human rights, industrially, 



236 CIVIL GOVERNMENT. 

politically, socially and morally. As the Nation is the 
power that alone realizes the ends and purposes of govern- 
ment, it is by understanding the Nation that we learn the 
rights and duties of American citizenship. It is for the 
nations of modern times to realize the hopes of human- 
ity, to be the answer to the prayers of the ages. Popular 
government is the great experiment of history. The voy- 
age is already begun. We cannot turn back. We are one 
of an argosy of nations moving toward the freedom of 
humanity. 

" Thou, too, sail on, O Ship of State ! 
Sail on, O Union strong and great! 

Humanity, with all its fears, 

With all the hopes of future years, 
Is hanging breathless on thy fate! 

We know what Master laid thy keel, 

What workmen wrought thy ribs of steel, 
Who made each mast, and sail, and rope, 

What anvils rang, what hammers beat, 

In what a forge and what a heat 
Were shaped the anchors of thy hope. 

"Fear not each sudden sound and shock; 

"Tis of the wave, and not the rock • 

'Tis but the napping of the sail, 

And not a rent made by the gale. 

In spite of rock and tempest roar, 

In spite of false lights on the shore, 

Sail on, nor fear to breast the sea. 

Our hearts, our hopes, are all with thee: 

Our hearts, our hopes, our prayers, our tears, 
Our faith triumphant o'er our fears, 

Are all with thee — are all with thee." 




Part IV. 



STATE PAPERS 



The Government of the People of the United States 
can be best understood by examining, at first hand, 
the institutions and the constitutions of the Amer- 
ican people. Every American citizen has the ines- 
timable and peculiar privilege of examining for 
himself the sources of the Government under which 
he lives. "It is only religion and morals and know- 
ledge that can make men respectable and happy 
under any form of government/'— Webster. 



A lawyer lecturing on the Constitution of the 
United States would necessarily start from the Con- 
stitution itself. But he would soon see that the arti- 
cles of the Constitution required a knowledge of the 
Articles of Confederation; that the opinions of 
Washington, of Hamilton, and generally of the 
"Fathers," as one sometimes hears them called in 
America, threw light on the meaning of various 

constitutional articles ; and, further, that the mean- 
Til 



238 CIVIL GOVERNMENT. 

ing of the Constitution could not be adequately un- 
derstood by any one who did not take into account 
the situation of the colonies before the separation 
from England, and the rules of common law, as 
well as the general conceptions of law and justice, 
inherited by the English colonists from their English 
forefathers.— Dicey. 

The great elements, then, of the American system 
of government, originally introduced by the colonists, 
and which were early in operation and ready to be 
developed more and more as the progress of events 
should justify or demand, were— 

Escape from the existing political system of Eu- 
rope, including its religious hierarchies, but the con- 
tinued possession and enjoyment of its science and 
arts, its literature and its manners ; 

Home government, or the power of making in the 
colony the municipal laws which were to govern it; 

Equality of rights ; 

Representative assemblies or forms of governments 
founded on popular elections.— Webster. 



STATE PAPERS 



THE MAYFLOWER COMPACT, 1620.* 

In the name of God, Amen ; We, whose names are 
underwritten, the loyall subjects of our dread soveraigne 
King James, by the grace of God, of Great Britaine 

* Among the Pilgrims were some lawless adventurers who thought 
that as soon as they came ashore they could do as they pleased, and 
that no one would have power to restrain them, because the patent 
under which the Pilgrims came was for Virginia, not for New England, 
which was governed by another company. But the men who made the 
Mayflower compact embodied the best tendencies and traditions of Eng- 
lish government, and now, tried by the demands of a primitive state of 
society, were equal to them. Although the king's government was far 
.-.way, the law-abiding men among the colonists at once associated them- 
selves together under a form of government based upon the popular 
will, and lawlessness was quickly restrained or punished. 

" That wild fellow, John Billington, and others from London have 
been obliged to behave themselves on shipboard ; but, now that they 
are about to land, declare that they will do as they please. John Car- 
ver will have no authority on shore ; they will be in the king's domain, 
and John Carver holds no commission from the king, nor have the 
Pilgrims any charter. The Pilgrims will see about that. They are 
men who respect law and order, and intend to have order in their com- 
munity. It is their right — not derived from the king, but a natural 
right. In the cabin of the ship they sign their names to a solemn cov- 
enant." —Coffin. 

"This instrument was signed by the whole body of men, forty-one in 
number, who. with their families, constituted the one hundred and two. 
the whole colony, 'the proper democracy' that arrived in New Eng- 
land. Here was the birth of popular constitutional liberty. In the 
cabin of the Mayflower humanity recovered its rights, and instituted 
government on the basis of 'equal laws' enacted by all the people for 
the general good." — Bancroft. 

239 



240 CIVIL GOVERNMENT. 

France, and Ireland King, defender of the faith, etc., 
haveing undertaken, for the glorie of God, and advance- 
ments of the Christian faith and honor of our king and 
countrie, a voyage to plant the first colonie in the North- 
erne parts of Virginia, doe, by these presents, solemnly 
and mutually, in the presence of God, and one of another, 
covenant and combine ourselves together into a civill 
body politick, for our better ordering and preservation 
and furtherance of the ends aforesaid ; and, by vertue 
heareof, to enacte, constitute, and frame, such just and 
equall laws, ordenances, acts, constitutions and offices, 
from time to time, as shall be thought most meete and 
convenient for the generall good of the Colonie. Unto 
which we promise all due submission and obedience. In 
witnes whereof we have hereunder subscribed our names, 
at Cap Codd, the nth of November, in the year of the 
raigne of our sovereigne lord, King James, of England, 
France, and Ireland the eighteenth, and of Scotland the 
fifty-fourth, Anno Domini, 1620. 



THE FIRST DECLARATION OF RIGHTS.* 

Resolves of the Convention of the Eiiglish Colonies at New 
York, October 19, 1765. 

The Congress, upon mature deliberation, agreed to the 
following declarations of the rights and grievances of the 
colonists in America: 

The members of this congress, sincerely devoted, with 
the warmest sentiments of affection and duty, to His 
Majesty's person and government, inviolably attached 
to the present happy establishment of the Protestant 
succession, and with minds deeply impressed by a sense 
of the present and impending misfortunes of the British 
colonies on this continent; having considered as ma- 
turely as time will permit, the circumstances of the said 
colonies, esteem it our indispensable duty to make the 
following declarations of our humble opinion respecting 
the most essential rights and liberties of the colonists 
and of the grievances under which they labor by reason 
of the several late acts of Parliament. 

* From 1620 to 1765 the people of the colonies increased rapidly in 
numbers and in wealth. Their own interests and their relations with 
the mother-country became more complex. The English Government 
trespassed repeatedly upon the natural and the constitutional rights of 
the Americans, until, at the suggestion of the Massachusetts legislature, 
a congress of representatives from nine of the colonies met at the City- 
hall, New York, October 7, 1765, by whom a Declaration of Rights, 
setting forth the liberties of the colonies, was issued. The people were 
still loyal subjects of the Crown. They were a conservative people, 
proud of their traditions and calmly asserting their ancient and vndoubted 
rights. The declaration was the dignified appeal of a liberty-loving 
people to the king, that he should protect them in their rights. 
16 241 



242 CIVIL GOVERNMENT. 

1. That His Majesty's subjects in these colonies, owe 
the same allegiance to the crown of Great Britain, that is 
owing from his subjects born within the realm ; and all 
due subordination to that august body, the Parliament 
of Great Britain. 

2. That His Majesty's liege subjects, in these colonies, 
are entitled to all the inherent rights and liberties of 
his natural-born subjects within the kingdom of Great 
Britain. 

3. That it is inseparably essential to the freedom of 
a people, and the undoubted right of Englishmen, that 
no taxes be imposed on them but with their own con- 
sent, given personally, or by their representatives. 

4. That the people of these colonies are not, and from 
their local circumstances cannot be, represented in the 
House of Commons, in Great Britain. 

5. That the only representatives of the people of these 
colonies, are persons chosen therein by themselves ; and 
that no taxes ever have been, or can be constitutionally 
imposed on them, but by their respective legislatures. 

6. That all supplies to the Crown, being the free gifts 
of the people, it is unreasonable and inconsistent with 
the principles and spirit of the British constitution, for 
the people of Great Britain to grant to His Majesty, the 
property of the colonists. 

7. That trial by jury is the inherent and invaluable 
right of every British subject in these colonies. 

8. That the late act of Parliament, entitled "An act 
for granting and applying certain stamp duties, and 
other duties in the British colonies and plantations, in 
America, etc." by imposing taxes on the inhabitants of 
these colonies, and the said act, and several other acts, by 
extending the jurisdiction of the courts of admiralty be- 



' 



STATE PAPERS. 243 

yond its ancient limits, have a manifest tendency to sub- 
vert the rights and liberties of the colonists. 

9. That the duties imposed by several late acts of Par- 
liament, from the peculiar Circumstances of these col- 
onies, will be extremely burthensome and grievous, and 
from the scarcity of specie, the payment of them abso- 
lutely impracticable. 

10. That as the profits of the trade of these colonies 
ultimately centre in Great Britain, to pay for the manu- 
factures which they are obliged to take from thence, they 
eventually contribute very largely to all supplies granted 
there to the Crown. 

11. That the restrictions imposed by several late acts 
of Parliament on the trade of these colonies, will render 
them unable to purchase the manufactures of Great 
Britain. 

12. That the increase, prosperity, and happiness of 
these colonies depend on the full and free enjoyments of 
their rights and liberties, and an intercourse with Great 
Britain, mutually affectionate and advantageous. 

13. That it is the right of the British subjects in these 
colonies to petition the King, or either house of Parlia- 
ment. 

Lastly, That it is the indispensable duty of these col- 
onies, to the best of sovereigns, to the mother country, 
and to themselves, to endeavor by a loyal and dutiful 
address to His Majesty, and humble applications to both 
houses of Parliament, to procure the repeal of the act 
for granting and applying certain stamp duties, of all 
clauses of any other acts of Parliament, whereby the 
jurisdiction of the admiralty is extended, as aforesaid, 
and of the other late acts for the restriction of American 
commerce. 



THE DECLARATION OF INDEPENDENCE— 

1776.* 

In Congress, July 4, 1776. 

The unanimous Declaration of the thirteen United States 
of America. 

When in the Course of human events, it becomes 
necessary for one people to dissolve the political bands 
which have connected them with another, and to assume 
among the Powers of the earth, the separate and equal 
station to which the Laws of Nature and of Nature's God 
entitle them, a decent respect to the opinions of mankind 
requires that they should declare the causes which impel 
them to the separation. 

We hold these truths to be self-evident, that all men 
are created equal, that they are endowed by their Crea- 
tor with certain inalienable Rights, that among these are 
Life, Liberty and the pursuit of Happiness. That to 
secure these rights, Governments are instituted among 
Men, deriving their just powers from the consent of the 
governed, That whenever any Form of Government be- 

* The Declaration of Eights was unheeded by the king ; the liberties 
of the people were set at naught by the British Parliament; and the 
Americans were forced, in self-preservation, "to assume among the 
powers of the earth" the character and position of an independent 
nation. The conservative character of the people was again illustrated 
in the calm and dignified spirit of the great state paper which was issued 
to the world. It was the formal declaration of political opinions long 
current in America, and constitutes the first national paper in our his- 
tory. By its promulgation popular government on a grand scale began. 
The people of the colonies declared themselves a new nation. 
244 



FAOSIMILE OF THE ORIGINAL 



DECLARATION O] 



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STATE PAPERS. 245 

comes destructive of these ends, it is the Right of the 
People to alter or to abolish it, and to institute new Gov- 
ernment, laying its foundation on such principles and 
organizing its powers in such form, as to them shall 
seem most likely to effect their Safety and Happiness. 
Prudence, indeed, will dictate that Governments long 
established should not be changed for light and transient 
causes ; and accordingly all experience hath shown, that 
mankind are more disposed to suffer, while evils are suf- 
ferable, than to right themselves by abolishing the forms 
to which they are accustomed. But when a long train 
of abuses and usurpations, pursuing invariably the same 
Object, evinces a design to reduce them under absolute 
Despotism, it is their right, it is their duty, to throw off 
such Government, and to provide new Guards for their 
future security. — Such has been the patient sufferance 
of these Colonies ; and such is now the necessity which 
constrains them to alter their former Systems of Govern- 
ment. The history of the present King of Great Britain 
is a history of repeated injuries and usurpations, all 
having in direct object the establishment of an absolute 
Tyranny over these States. To prove this, let Facts be 
submitted to a candid world. 

He has refused his Assent to Laws, the most whole- 
some and necessary for the public good. 

He has forbidden his Governors to pass Laws of im- 
mediate and pressing importance, unless suspended in 
their operation till his Assent should be obtained ; and 
when so suspended, he has utterly neglected to attend 
to them. 

He has refused to pass other Laws for the accommo- 
dation of large districts of people, unless those people 
would relinquish the right of Representation in the Leg- 



246 CIVIL GOVERNMENT. 

islature, a right inestimable to them and formidable to 
tyrants only. 

He has called together legislative bodies at places un- 
usual, uncomfortable, and distant from the depository of 
their Public Records, for the sole purpose of fatiguing 
them into compliance with his measures. 

He has dissolved Representative Houses repeatedly, 
for opposing with manly firmness his invasions on the 
rights of the people. 

He has refused for a long time, after such dissolutions 
to cause others to be elected ; whereby the Legislative 
Powers, incapable of Annihilation, have returned to the 
People at large for their exercise ; the State remaining in 
the mean time exposed to all the dangers of invasion 
from without, and convulsions within. 

He has endeavored to prevent the population of these 
States ; for that purpose obstructing the Laws for Nat- 
uralization of Foreigners ; refusing to pass others to en- 
courage their migration hither, and raising the conditions 
of new Appropriations of Lands. 

He has obstructed the Administration of Justice, by 
refusing his Assent to Laws for establishing Judiciary 
Powers. 

He has made Judges dependent on his Will alone, for 
the tenure of their offices, and the amount and payment 
of their salaries. 

He has erected a multitude of New Offices, and sent 
hither swarms of Officers to harass our People, and eat 
out their substance. 

He has kept among us, in times of peace, Standing 
Armies without the Consent of our legislature. 

He has affected to render the Military independent of 
and superior to the Civil Power. 



STATE PAPERS. 247 

He has combined with others to subject us to a juris- 
diction foreign to our constitution, and unacknowledged 
by our Laws ; giving his Assent to their Acts of pre- 
tended Legislation : 

For quartering large bodies of armed men among us : 

For protecting them, by a mock Trial, from Punish- 
ment for any Murders which they should commit on the 
Inhabitants of these States : 

For cutting off our Trade with all parts of the world : 

For imposing taxes on us without our Consent : 

For depriving us in many cases, of the benefits of Trial 
by Jury : 

For transporting us beyond Seas to be tried for pre- 
tended offences : 

For abolishing the free System of English Laws in a 
neighboring Province, establishing therein an Arbitrary 
government, and enlarging its Boundaries so as to ren- 
der it at once an example and fit instrument for intro- 
ducing the same absolute rule into these Colonies : 

For taking away our Charters, abolishing our most 
valuable Laws, and altering fundamentally the Forms of 
our Governments : 

For suspending our own Legislatures, and declaring 
themselves invested with Power to legislate for us in all 
cases whatsoever. 

He has abdicated Government here, by declaring us 
out of his Protection and waging War against us. 

He has plundered our seas, ravaged our Coasts, burnt 
our towns, and destroyed the lives of our people. 

He is at this time transporting large armies of foreign 
mercenaries to compleat the works of death, desolation 
and tyranny, already begun with circumstances of Cru- 
elty, and perfidy scarcely paralleled in the most barbar- 



248 CIVIL GOVERNMENT. 

ous ages, and totally unworthy the Head of a civilized 
nation. 

He has constrained our fellow Citizens taken Captive 
on the high Seas to bear arms against their Country, to 
become the executioners of their friends and Brethren, 
or to fall themselves by their Hands. 

He has excited domestic insurrections amongst us, 
and has endeavored to bring on the inhabitants of our 
frontiers, the merciless Indian Savages, whose known 
rule of warfare, is an undistinguished destruction of all 
ages, sexes and conditions. 

In every stage of these Oppressions We have Peti- 
tioned for Redress in the most humble terms : Our 
repeated Petitions have been answered only by repeated 
injury. A Prince, whose character is thus marked by 
every act which may define a Tyrant, is unfit to be the 
ruler of a free People. 

Nor have we been wanting in attention to our British 
brethren. We have warned them from time to time of 
attempts by their legislature to extend an unwarrantable 
jurisdiction over us. We have reminded them of the 
circumstances of our emigration and settlement here. 
We have appealed to their native justice and magnan- 
imity, and we have conjured them by the ties of our 
common kindred to disavow these usurpations, which 
would inevitably interrupt our connections and correr 
spondence. They too have been deaf to the voice of 
justice and of consanguinity. We must, therefore, ac- 
quiesce in the necessity which denounces our Separation, 
and hold them, as we hold the rest of mankind, Enemies 
in War, in Peace Friends. 

We, therefore, the Representatives of the united States 
of America, in General Congress, Assembled, appealing 



STATE PAPEES. 249 

to the Supreme Judge of the world for the rectitude of 
our intentions, do, in the Name, and by Authority of 
the good People of these Colonies, solemnly publish and 
declare, That these United Colonies are, and of Right 
ought to be Free and Independent States ; that they are 
Absolved from all Allegiance to the British Crown, and 
that all political connection between them and the State 
of Great Britain, is and ought to be totally dissolved : and 
that as Free and Independent States, they have full 
Power to levy War, conclude Peace, contract Alliances, 
establish Commerce, and do all other Acts and Things 
which Independent States may of right do. And for the 
support of this Declaration, with a firm reliance on the 
Protection of Divine Providence, we mutually pledge 
to each other our Lives, our Fortunes, and our sacred 
Honor. 



.RTICLES OF CONFEDERATION— 1777. 

To all to whom these Presents shall come, we the under- 
signed Delegates of the States affixed to our Names , send 
greeting. 

Whereas the Delegates of the United States of Amer- 
ica in Congress assembled did on the fifteenth day of 
November in the Year of our Lord One Thousand Seven 
Hundred and Seventy-seven, and in the Second Year of 
the Independence of America agree to certain articles of 
Confederation and perpetual Union between the States 
of New Hampshire, Massachusetts Bay, Rhode Island and 
Providence Plantations, Connecticut, New York, New 
Jersey, Pennsylvania, Delaware, Maryland, Virginia, 
North Carolina, South Carolina and Georgia in the 
words following, viz. 

"Articles of Confederation and Perpetual Union between 
the States of New Hampshire, Massachusetts Bay, Rhode 
Isla?td and Providence Plantations, Connecticut, New 
York, New Jersey, Pennsylvania, Delaware, Maryland t 
Virginia, North Carolina, South Carolina and Georgia. 

Article I. The style of this confederacy shall be " The 
United States of America." 



* The Declaration of Independence was the prelude to a preliminary- 
national constitution, The Articles of Confederation. Some provis- 
ion for a general government was recognized as necessary. Obeying 
the lessons of their own experience of two centuries and a half of 
local government, the representatives of the people, in Congress assem- 
bled, adopted a constitution for the Confederation of States which the 
colonies had become. The Articles of Confederation constitute our first 
effort to form a " perpetual Union." 
250 



STATE PAPERS. 251 

Article II. Each State retains its sovereignty, free- 
dom and independence, and every power, jurisdiction 
and right, which is not by this confederation expressly 
delegated to the United States, in Congress assembled. 

Article III. The said States hereby severally enter 
into a firm league of friendship with each other, for their 
common defence, the security of their liberties, and their 
mutual and general welfare, binding themselves to assist 
each other, against all force offered to, or attacks made 
upon them, or any of them, on account of religion, sov- 
eignty, trade, or any other pretence whatever. 

Article IV. The better to secure and perpetuate 
mutual friendship and intercourse among the people of 
the different States in this Union, the free inhabitants of 
each of these States, paupers, vagabonds and fugitives 
from justice excepted, shall be entitled to all privileges 
and immunities of free citizens in the several States; and 
the people of each State shall have free ingress and re- 
gress to and from any other State, and shall enjoy therein 
all the privileges of trade and commerce, subject to the 
same duties, impositions and restrictions as the inhabit- 
ants thereof respectively, provided that such restrictions 
shall not extend so far as to prevent the removal of 
property imported into any State, to any other State 
of which the owner is an inhabitant; provided also that 
no imposition, duties or restriction shall be laid by any 
State on the property of the United States, or either 
of them. 

If any person guilty of, or charged with treason, fel- 
ony, or other high misdemeanor in any State, shall flee 
from justice, and be found in any of the United States, 
he shall upon demand of the Governor or Executive 
power, of the State from which he fled, be delivered up 



252 CIVIL GOVERNMENT. 

and removed to the State having jurisdiction of his 
offence. 

Full faith and credit shall be given in each of these 
States to the records, acts and judicial proceedings of 
the courts and magistrates of every other State. 

Article V. For the more convenient management 
of the general interests of the United States, delegates 
shall be annually appointed in such manner as the legis- 
lature of each State shall direct, to meet in Congress on 
the first Monday in November, in every year, with a 
power reserved to each State, to recall its delegates, or 
any of them, at any time within the year, and to send 
others in their stead, for the remainder of the year. 

No State shall be represented in Congress by less than 
two, nor by more than seven members ; and no person 
shall be capable of being a delegate for more than three 
years in any term of six years ; nor shall any person, 
being a delegate, be capable of holding any office under 
the United States, for which he, or another for his bene- 
fit receives any salary, fees or emolument of any kind. 

Each State shall maintain its own delegates in a meet- 
ing of the States, and while they act as members of the 
committee of the States. 

In determining questions in the United States, in Con- 
gress assembled, each State shall have one vote. 

Freedom of speech and debate in Congress shall not 
be impeached or questioned in any court, or place out 
of Congress, and the members of Congress shall be pro- 
tected in their persons from arrests and imprisonments, 
during the time of their going to and from, and attend- 
ance on Congress, except for treason, felony, or breach 
of the peace. 

Article VI. No State without the consent of the 



STATE PAPERS. 253 

United States in Congress assembled, shall send any 
embassy to, or receive any embassy from, or enter into 
any conference, agreement, alliance or treaty with any 
king, prince or state ; nor shall any person holding any 
office of profit or trust under the United States, or any of 
them, accept of any present, emolument, office or title 
of any kind whatever from any king, prince or foreign 
state; nor shall the United States in Congress assem- 
bled, or any of them, grant any title of nobility. 

No two or more States shall enter into any treaty, 
confederation or alliance whatever between them, with- 
out the consent of the United States in Congress assem- 
bled, specifying accurately the purposes for which the 
same is to be entered into, and how long it shall con- 
tinue. 

No State shall lay any imposts or duties, which may 
interfere with any stipulations in treaties, entered into 
by the United States in Congress assembled, with any 
king, prince or state, in pursuance of any treaties al- 
ready proposed by Congress, to the courts of France 
and Spain. 

No vessels of war shall be kept up in time of peace by 
any State, except such number only, as shall be deemed 
necessary by the United States in Congress assembled, 
for the defence of such State, or its trade; nor shall any 
body of forces be kept up by any State, in time of peace, 
except such number only, as in the judgment of the 
United States, in Congress assembled, shall be deemed 
requisite to garrison the forts necessary for the defence 
of such State ; but every State shall always keep up a 
well regulated and disciplined militia, sufficiently armed 
and accoutred, and shall provide and constantly have 
ready for use, in public stores, a due number of field 



254 CIVIL GOVERNMENT. 

pieces and tents, and a proper quantity of arms, ammu- 
nition and camp equipage. 

No State shall engage in any war without the consent 
of the United States in Congress assembled, unless such 
State be actually invaded by enemies, or shall have re- 
ceived certain advice of a resolution being formed by 
some nation of Indians to invade such State, and the 
danger is so imminent as not to admit of a delay, till the 
United States in Congress assembled can be consulted : 
nor shall any State grant commissions to any ships or 
vessels of war, nor letters of marque or reprisal, except 
it be after a declaration of war by the United States in 
Congress assembled, and then only against the kingdom 
or state and the subjects thereof, against which war has 
been so declared, and under such regulations as shall be 
established by the United States in Congress assembled, 
unless such State be infested by pirates, in which case 
vessels of war may be fitted out for that occasion, and 
kept so long as the danger shall continue, or until the 
United States in Congress assembled shall determine 
otherwise. 

Article VII. When land-forces are raised by any 
State for the common defence, all officers of or under 
the rank of colonel, shall be appointed by the Legisla- 
ture of each State respectively by whom such forces 
shall be raised, or in such manner as such State shall 
direct, and all vacancies shall be filled up by the State 
which first made the appointment. 

Article VIII. All charges of war, and all other ex- 
penses that shall be incurred for the common defence 
or general welfare, and allowed by the United States in 
Congress assembled, shall be defrayed out of a common 
treasury, which shall be supplied by the several States, 



STATE PAPERS. 255 

in proportion to the value of all land within each State, 
granted to or surveyed for any person, as such land and 
the buildings and improvements thereon shall be esti- 
mated according to such mode as the United States in 
Congress assembled, shall from time to time direct and 
appoint. 

The taxes for paying that proportion shall be laid and 
levied by the authority and direction of the Legislatures 
of the several States within the time agreed upon by the 
United States in Congress assembled. 

Article IX. The United States in Congress assem- 
bled, shall have the sole and exclusive right and power 
of determining on peace and war, except in the cases 
mentioned in the sixth article — of sending and receiv- 
ing ambassadors — entering into treaties and alliances, 
provided that no treaty of commerce shall be made 
whereby the legislative power of the respective States 
shall be restrained from imposing such imposts and 
duties on foreigners, as their own people are subjected 
to, or from prohibiting the exportation or importation 
of any species of goods or commodities whatsoever — of 
establishing rules for deciding in all cases, what captures 
on land or water shall be legal, and in what manner 
prizes taken by land or naval forces in the service of 
the United States shall be divided or appropriated — of 
granting letters of marque and reprisal in times of peace 
— appointing courts for the trial of piracies and felonies 
committed on the high seas and establishing courts for 
receiving and determining finally appeals in all cases of 
captures, provided that no member of Congress shall be 
appointed a judge of any of the said courts. 

The United States in Congress assembled shall also be 
the last resort on appeal in all disputes and differences 



256 CIVIL GOVERNMENT. 

now subsisting or that hereafter may arise between two 
or more States concerning boundary, jurisdiction or any 
other cause whatever ; which authority shall always be 
exercised in the manner following. Whenever the leg- 
islative or executive authority or lawful agent of any 
State in controversy with another shall present a peti- 
tion to Congress, stating the matter in question and 
praying for a hearing, notice thereof shall be given by 
order of Congress to the legislative or executive author- 
ity of the other State in controversy, and a day assigned 
for the appearance of the parties by their lawful agents, 
who shall then be directed to appoint by joint consent, 
commissioners or judges to constitute a court for hear- 
ing and determining the matter in question : but if they 
cannot agree, Congress shall name three persons out 
of each of the United States, and from the list of such 
persons each party shall alternately strike out one, the 
petitioners beginning, until the number shall be reduced 
to thirteen ; and from that number not less than seven, 
nor more than nine names as Congress shall direct, shall 
in the presence of Congress be drawn out by lot, and 
the persons whose names shall be so drawn or any five 
of them, shall be commissioners or judges, to hear and 
finally determine the controversy, so always as a major 
part of the judges who shall hear the cause shall agree 
in the determination : and if either party shall neglect 
to attend at the day appointed, without showing rea- 
sons, which Congress shall judge sufficient, or being 
present shall refuse to strike, the Congress shall proceed 
to nominate three persons out of each State, and the 
Secretary of Congress shall strike in behalf of such 
party absent or refusing; and the judgment and sen- 
tence of the court to be appointed, in the manner 



STATE PAPERS. 257 

before prescribed, shall be final and conclusive ; and if 
any of the parties shall refuse to submit to the author- 
ity of such court, or to appear or defend their claim or 
cause, the court shall nevertheless proceed to pronounce 
sentence, or judgment, which shall in like manner be 
final and decisive, the judgment or sentence and other 
proceedings being in either case transmitted to Congress, 
and lodged among the acts of Congress for the security 
of the parties concerned : provided that every commis- 
sioner, before he sits in judgment, shall take an oath to 
be administered by one of the judges of the supreme or 
superior court of the State where the cause shall be tried, 
" well and truly to hear and determine the matter in 
question, according to the best of his judgment, with- 
out favor, affection or hope of reward :" provided also 
that no State shall be deprived of territory for the bene- 
fit of the United States. 

All controversies concerning the private right of soil 
claimed under different grants of two or more States, 
whose jurisdiction as they may respect such lands, and 
the States which passed such grants are adjusted, the 
said grants or either of them being at the same time 
claimed to have originated antecedent to such settle- 
ment of jurisdiction, shall on the petition of either party 
to the Congress of the United States, be finally deter- 
mined as near as may be in the same manner as is before 
prescribed for deciding disputes respecting territorial 
jurisdiction between different States. 

The United States in Congress assembled shall also 
have the sole and exclusive right and power of regulat- 
ing the alloy and value of coin struck by their own 
authority, or by that of the respective States — fixing 
the standard of weights and measures throughout the 

17 



258 CIVIL GOVERNMENT. 

United States — regulating the trade and managing all 
affairs with the Indians, not members of any of the 
States, provided that the legislative right of any State 
within its own limits be not infringed or violated — estab- 
lishing and regulating post-offices from one State to 
another, throughout all the United States, and exacting 
such postage on the papers passing thro' the same as 
may be requisite to defray the expenses of the said office 
— appointing all officers of the land forces, in the ser- 
vice of the United States, excepting regimental officers 
— appointing all the officers of the naval forces, and com- 
missioning all officers whatever in the service of the 
United States — making rules for the government and 
regulation of the said land and naval forces, and direct- 
ing their operations. 

The United States in Congress assembled shall have 
authority to appoint a committee, to sit in the recess of 
Congress, to be denominated "a Committee of the 
States," and to consist of one delegate from each State ; 
and to appoint such other committees and civil officers 
as may be necessary for managing the general affairs of 
the United States under their direction — to appoint one 
of their number to preside, provided that no person be 
allowed to serve in the office of president more than 
one year in any term of three years ; to ascertain the 
necessary sums of money to be raised for the service 
of the United States, and to appropriate and apply the 
same for defraying the public expenses — to borrow 
money, or emit bills on the credit of the United States, 
transmitting every half year to the respective States an 
account of the sums of money so borrowed or emitted, — 
to build and equip a navy — to agree upon the number of 
land forces, and to make requisitions from each State for 



STATE PAPERS. 259 

its quota, in proportion to the number of white inhabit- 
ants in each State ; which requisition shall be binding, 
and thereupon the Legislature of each State shall appoint 
the regimental officers, raise the men and clothe, arm and 
equip them in a soldier-like manner, at the expense of 
the United States ; and the officers and men so clothed, 
armed and equipped shall march to the place appointed, 
and within the time agreed on by the United States in 
Congress assembled : but if the United States in Congress 
assembled shall, on consideration of circumstances judge 
proper that any State should not raise men, or should 
raise a smaller number than its quota, and that any other 
State should raise a greater number of men than the 
quota thereof, such extra number shall be raised, offi- 
cered, clothed, armed and equipped in the same manner 
as the quota of such State, unless the legislature of such 
State shall judge that such extra number cannot be safely 
spared out of the same, in which case they shall raise } 
officer, clothe, arm and equip as many of such extra 
number as they judge can be safely spared. And the 
officers and men so clothed, armed and equipped, shall 
march to the place appointed, and within the time agreed 
on by the United States in Congress assembled. 

The United States in Congress assembled shall never 
engage in a war, nor grant letters of marque and reprisal 
in time of peace, nor enter into any treaties or alliances, 
nor coin money, nor regulate the value thereof, nor ascer- 
tain the sums and expenses necessary for the defence and 
welfare of the United States, or any of them, nor emit 
bills, nor borrow money on the credit of the United 
States, nor appropriate money, nor agree upon the num- 
ber of vessels of war, to be built or purchased, or the 
number of land or sea forces to be raised, nor appoint a 



260 CIVIL GOVERNMENT. 

commander in chief of the army or navy, unless nine 
States assent to the same : nor shall a question on any 
other point, except for adjourning from day to day be 
determined, unless by the votes of a majority of the 
United States in Congress assembled. 

The Congress of the United States shall have power 
to adjourn to any time within the year, and to any place 
within the United States, so that no period of adjourn- 
ment be for a longer duration than the space of six 
months, and shall publish the journal of their proceed- 
ings monthly, except such parts thereof relating to 
treaties, alliances or military operations, as in their 
judgment require secrecy; and the yeas and nays of 
the delegates of each State on any question shall be 
entered on the journal, when it is desired by any dele- 
gate ; and the delegates of a State, or any of them, at 
his or their request shall be furnished with a transcript 
of the said journal, except such parts as are above 
excepted, to lay before the Legislatures of the several 
States. 

Article X. The committee of the States, or any nine 
of them, shall be authorized to execute, in the recess of 
Congress, such of the powers of Congress as the United 
States in Congress assembled, by the consent of nine 
States, shall from time to time think expedient to vest 
them with ; provided that no power be delegated to the 
said committee, for the exercise of which, by the articles 
of confederation, the voice of nine States in the Congress 
of the United States assembled is requisite. 

Article XL Canada acceding to this confederation, 
and joining in the measures of the United States, shall 
be admitted into, and entitled to all the advantages of 
this Union : but no other colony shall be admitted into 



STATE PAPERS. 261 

the same, unless such admission be agreed to by nine 
States. 

Article XII. All bills of credit emitted, monies bor- 
rowed and debts contracted by, or under the authority 
of Congress, before the assembling of the United States, 
in pursuance of the present confederation, shall be deemed 
and considered as a charge against the United States, for 
payment and satisfaction whereof the said United States, 
and the public faith are hereby solemnly pledged. 

Article XIII. Every State shall abide by the deter- 
minations of the United States in Congress assembled, on 
all questions which by this confederation are submitted 
to them. And the articles of this confederation shall be 
inviolably observed by every State, and the Union shall 
be perpetual ; nor shall any alteration at any time here- 
after be made in any of them ; unless such alteration be 
agreed to in a Congress of the United States, and be after- 
wards confirmed by the Legislatures of every State. 

And whereas it has pleased the Great Governor of the 
world to incline the hearts of the Legislatures we respec- 
tively represent in Congress, to approve of, and to author- 
ize us to ratify the said articles of confederation and 
perpetual union. Know ye that we the undersigned 
delegates, by virtue of the power and authority to us 
given for that purpose, do by these presents, in the 
name and in behalf of our respective constituents, fully 
and entirely ratify and confirm each and every of the 
said articles of confederation and perpetual union, and 
all and singular the matters and things therein contained : 
and we do further solemnly plight and engage the faith 
of our respective constituents, that they shall abide by 
the determinations of the United States in Congress as- 
sembled, on all questions, which by the said confedera- 



262 CIVIL GOVERNMENT. 

tion are submitted to them. And that the articles thereof 
shall be inviolably observed by the States we respectively 
represent, and that the Union shall be perpetual. 

In witness whereof we have hereunto set our hands in 
Congress. Done at Philadelphia in the State of Penn- 
sylvania the ninth day of July in the year of our Lord 
one thousand seven hundred and seventy-eight, and in 
the third year of the independence of America. 



THE CONSTITUTION OF THE UNITED STATES 
OF AMERICA.* 

The Preamble. 

" We, the People of the United States, in order to form 
a more perfect union, establish justice, insure domestic 
tranquillity, provide for the common defence, promote the 
general welfare, and secure the blessings of liberty to our- 
selves and our posterity, do ordain and establish this Con- 
stitution for the United States of America." 

Article I. 

THE LEGISLATIVE DEPARTMENT. 

Section I.— The Congress in general. 
" All legislative powers herein granted, shall be vested 
in a Congress of the United States, which shall consist of 
a Senate and House of Representatives." 

Section II. — The House of Representatives. 

1. "The House of Representatives shall be composed 
of members chosen every second year by the people of the 
several States, and the electors in each State shall have 
the qualifications requisite for electors of the most numer- 
ous branch of the State legislature." 

2. " No person shall be a Representative, who shall not 
have attained to the age of twenty-five years, and been seven 

* The Articles of Confederation proved by experience inadequate to 
the wants of the people of the United States, and they were supplanted 
by the Constitution. 

" The American Constitution, with its manifest defects, still remains 
one of the most abiding monuments of human wisdom, and it has re- 
ceived a tribute to its general excellence such as no other political sys- 
tem was ever honored with." — Freeman. 

283 



264 CIVIL GOVERNMENT. 

years a citizen of the United States, and who shall not, 
when elected, be an inhabitant of that State in which he 
shall be chosen." 

3. " Representatives and direct taxes shall be appor- 
tioned among the several States which may be included 
within this Union, according to their respective numbers, 
which shall be determined by adding to the whole num- 
ber of free persons, including those bound to service for a 
term of years, and excluding Indians not taxed, three-fifths 
of all other persons. The actual enumeration shall be 
made within three years after the first meeting of the Con- 
gress of the United States, and within every subsequent 
term of ten years, in such manner as they shall by law 
direct. The number of Representatives shall not exceed 
one for every thirty thousand, but each State shall have 
at least one Representative ; and until such enumeration 
shall be made, the State of New Hampshire shall be en- 
titled to choose three, Massachusetts eight, Rhode Island 
and Providence Plantations one, Connecticut five, New 
York six, New Jersey four, Pennsylvania eight, Delaware 
one, Maryland six, Virginia ten, North Carolina five, South 
Carolina five, and Georgia three."* 

4. " When vacancies happen in the representation from 
any State, the executive authority thereof shall issue writs 
of election to fill such vacancies." 

5. "The House of Representatives shall choose their 
Speaker and other officers ; and shall have the sole power 
of impeachment." 



Section III.— The Senate. 

1. " The Senate of the United States shall be composed 
of two Senators from each State, chosen by the Legisla- 
ture thereof, for six years; and each Senator shall have 
one vote." 

2. " Immediately after they shall be assembled, in con- 
sequence of the first election, they shall be divided as 

* This clause has been superseded by the Fourteenth Amendment to 
the Constitution. 






STATE PAPERS. 265 

equally as may be, into three classes. The seats of the 
Senators of the first class shall be vacated at the expira- 
tion of the second year ; of the second class, at the expi- 
ration of the fourth year ; and of the third class, at the 
expiration of the sixth year; so that one-third may be 
chosen every second year; and if vacancies happen by 
resignation, or otherwise, during the recess of the legisla- 
ture of any State, the executive thereof may make tempo- 
rary appointments until the next meeting of the legisla- 
ture, which shall then fill such vacancies." 

3. " Xo person shall be a Senator who shall not have 
attained to the age of thirty j^ears, and been nine years a 
citizen of the United States, and who shall not, when 
elected, be an inhabitant of that State for which he shall 
be chosen." 

4. " The Vice-President of the United States shall be 
President of the Senate, but shall have no vote, unless 
they be equally divided." 

5. " The Senate shall choose their other officers, and 
also a President pro tempore, in the absence of the Vice- 
President, or when he shall exercise the office of President 
of the United States." 

6. " The Senate shall have the sole power to try all im- 
peachments. When sitting for that purpose, they shall be 
on oath or affirmation. When the President of the United 
States is tried, the Chief-Justice shall preside ; and no per- 
son shall be convicted without the concurrence of two- 
thirds of the members present." 

7. " Judgment in cases of impeachment shall not extend 
further than to removal from office, and disqualification 
to hold and enjoy any office of honor, trust, or profit, un- 
der the United States ; but the party convicted shall, never- 
theless, be liable and subject to indictment, trial, judgment, 
and punishment, according to law." 



266 CIVIL GOVERNMENT. 

Section IV.— Both Houses. 

1. "The times, places, and manner, of holding elections 
for Senators and Representatives, shall be prescribed in 
each State by the Legislature thereof: but the Congress 
may at any time, by law, make or alter such regulations, 
except as to the places of choosing Senators." 

2. " The Congress shall assemble at least once in every 
year, and such meeting shall be on the first Monday in 
December, unless they shall by law appoint a different 
day." 

Section V.— The Houses Separately. 

1. " Each House shall be the judge of the elections, re- 
turns, and qualifications of its own members, and a major- 
ity of each shall constitute a quorum to do business ; but 
a smaller number may adjourn from day to day, and may 
be authorized to compel the attendance of absent members, 
in such manner, and under such penalties, as each House 
may provide." 

2. " Each House may determine the rules of its pro- 
ceedings, punish its members for disorderly behavior, and, 
with the concurrence of two-thirds, expel a member." 

3. " Each House shall keep a journal of its proceedings, 
and, from time to time, publish the same, excepting such 
parts as may, in their judgment, require secrecy ; and the 
yeas and nays of the members of either House, on any 
question, shall, at the desire of one-fifth of those present, 
be entered on the journal." 

4. " Neither House, during the session of Congress, shall, 
without the consent of the other, adjourn for more than 
three days, nor to any other place than that in which the 
two Houses shall be sitting." 

Section VI. — Privileges and Disabilities of Mem- 
bers. 

1. "The Senators and Representatives shall receive a 
compensation for their services, to be ascertained by law, 



STATE PAPERS. 267 

and paid out of the Treasury of the United States. They 
shall, in all eases, except treason, felony, and breach of the 
peace, be privileged from arrest during their attendance at 
the session of their respective Houses, and in going to, and 
returning from, the same ; and for any speech or debate 
in either House, they shall not be questioned in any other 
place." 

2. "No Senator or Representative shall, during the time 
for which he was elected, be appointed to any civil office 
under the authority of the United States, which shall have 
been created, or the emoluments whereof shall have been 
increased, during such time ; and no person, holding any 
office under the United States, shall be a member of either 
House during his continuance in office." 

Section VII.— Mode of Passing Laws. 

1. "All bills for raising revenue shall originate in the 
House of Representatives ; but the Senate may propose or 
concur with amendments, as on other bills." 

2. " Every bill which shall have passed the House of 
Representatives and the Senate, shall, before it become a 
law, be presented to the President of the United States ; 
if he approve, he shall sign it, but if not, he shall return it, 
with his objections, to that House in which it shall have 
originated, who shall enter the objections at large on their 
journal, and proceed to reconsider it. If, after such recon- 
sideration, two-thirds of that House shall agree to pass the 
bill, it shall be sent, together with the objections, to the 
other House, by which it shall likewise be reconsidered, 
and, if approved by two-thirds of that House, it shall be- 
come a law. But in all such cases the votes of both 
Houses shall be determined by yeas and nays, and the 
names of the persons voting for and against the bill shall 
be entered on the journal of each House, respectively. If 
any bill shall not be returned by the President within ten 
days (Sundays excepted) after it shall have been presented 



268 CIVIL GOVERNMENT. 

to him, the same shall be a law, in like manner as if he 
had signed it, unless the Congress, by their adjournment, 
prevent its return, in which case it shall not be a law." 
3. " Every order, resolution, or vote, to which the con- 
currence of the Senate and House of Representatives may 
be necessary (except on a case of adjournment), shall be 
presented to the President of the United States ; and before 
the same shall take effect, shall be approved by him, or, 
being disapproved by him, shall be repassed by two-thirds 
of the Senate and House of Representatives, according to 
the rules and limitations prescribed in the case of a bill." 



Section VIII. — Powers Granted to Congress. 

1. "The Congress shall have power to lay and collect 
taxes, duties, imposts, and excises, to pay the debts and 
provide for the common defence and general welfare of the 
United States ; but all duties, imposts, and excises shall be 
uniform throughout the United States." 

2. "To borrow money on the credit of the United 
States." 

3. " To regulate commerce with foreign nations, and 
among the several States, and with the Indian tribes." 

4. "To establish a uniform rule of naturalization, and 
uniform laws on the subject of bankruptcies, throughout 
the United States." 

5. " To coin money, regulate the value thereof, and of 
foreign coin, and fix the standard of weights and meas- 
ures." 

6. "To provide for the punishment of counterfeiting the 
securities and current coin of the United States." 

7. " To establish post-offices and post-roads." 

8. " To promote the progress of science and useful arts, 
by securing, for limited times, to authors and inventors, 
the exclusive right to their respective writings and dis- 






STATE PAPERS. 269 

9. " To constitute tribunals inferior to the Supreme 
Court," 

10. " To define and punish piracies and felonies com- 
mitted on the high seas, and offences against the law of 
nations." 

11. "To declare war, grant letters of marque and re- 
prisal, and make rules concerning captures on land and 
water." 

12. "To raise and support armies; but no appropria- 
tion of money to that use shall be for a longer term than 
two years/' 

13. " To provide and maintain a navy." 

14. "To make rules for the government and regulation 
of the land and naval forces." 

15. " To provide for calling forth the militia to execute 
the laws of the Union, suppress insurrections, and repel 
invasions." 

16." To provide for organizing, arming, and disciplining 
the militia, and for governing such part of them as may 
be employed in the service of the United States ; reserving 
to the States respectively, the appointment of the officers, 
and the authority of training the militia, according to the 
discipline prescribed by Congress." 

17. " To exercise exclusive legislation in all cases what- 
soever, over such district (not exceeding ten miles square), 
as may. by cession of particular States, and the acceptance 
of Congress, become the seat of the Government of the 
United States, and to exercise like authority over all 
places, purchased by the consent of the legislature of the 
State in which the same shall be, for the erection of forts, 
magazines, arsenals, dockyards, and other needful build- 
ings," and 

18. "To make all laws which shall be necessary and 
proper for carrying into execution the foregoing powers, 
and all other powers vested by this Constitution in the 



270 CIVIL GOVERNMENT. 

Government of the United States, or in any department 
or officer thereof." 



Section IX. — Powers Denied to the United States. 

1 . " The migration or importation of such persons, as 
any of the States, now existing, shall think proper to ad- 
mit, shall not be prohibited by the Congress, prior to the 
year one thousand eight hundred and eight ; but a tax or 
duty may be imposed on such importation, not exceeding 
ten dollars for each person." 

2. " The privilege of the writ of habeas corpus shall not 
be suspended unless when, in cases of rebellion or inva- 
sion, the public safety may require it." 

3. " No bill of attainder, or ex post facto law, shall be 
passed." 

4. " No capitation or other direct tax shall be laid, un- 
less in proportion to the census or enumeration, herein be* 
fore directed to be taken." 

5. "No tax or duty shall be laid on articles exported 
from any State." 

6. " No preference shall be given by any regulation of 
commerce or revenue, to the ports of one State over those 
of another ; nor shall vessels bound to, or from, one State, 
be obliged to enter, clear, or pay duties, in another." 

7. " No money shall be drawn from the treasury, but 
in consequence of appropriations made by law ; and a reg- 
ular statement and account of the receipts and expendi- 
tures of all public money shall be published, from time to 
time." 

8. " No title of nobility shall be granted by the United 
States : and no person, holding any office of profit or trust 
under them, shall, without the consent of the Congress, ac- 
cept of any present, emolument, office, or title, of any kind 
whatever, from any king, prince, or foreign state." 



STATE PAPERS. 271 

Section X.— Powers Denied to the States. 

1. "No State shall enter into any treaty, alliance, or 
confederation ; grant letters of marque and reprisal ; coin 
money; emit bills of credit; make anything but gold and 
silver coin a tender in payment of debts, pass any bill of 
attainder, ex post facto law, or law impairing the obligation 
of contracts, or grant any title of nobility." 

2. " No State shall, without the consent of the Congress, 
lay any imposts or duties on imports or exports, except 
what may be absolutely necessary for executing its inspec- 
tion laws; and the net produce of all duties and imposts, 
laid by any State on imports or exports, shall be for the 
use of the treasury of the United States ; and all such laws 
shall be subject to the revision and control of the Con- 
gress." 

3. " No State shall, without the consent of Congress, lay 
any duty of tonnage, keep troops, or ships of war, in time 
of peace, enter into any agreement or compact with another 
State, or with a foreign power, or engage in war, unless 
actually invaded, or in such imminent danger as will not 
admit of delay." 



Article II. 

THE EXECUTIVE DEPARTMENT. 
Section I.— President and Vice-President. 

1. " The Executive power shall be vested in a President 
of the United States of America, He shall hold his office 
during the term of four years, and together with the Vice- 
President, chosen for the same term, be elected as follows:" 

2. " Each State shall appoint, in such manner as the 
Legislature thereof may direct, a number of Electors, equal 
to the whole number of Senators and Representatives to 
which the State may be entitled in the Congress: but no 
Senator or Representative, or person holding an office of 



272 CIVIL GOVERNMENT. 

trust or profit under the United States, shall be appointed 
an Elector." 

3.* " The Electors shall meet in their respective States, 
and vote by ballot for two persons, of whom one, at least, 
shall not be an inhabitant of the same State with them- 
selves. And they shall make a list of all the persons voted 
for, and of the number of votes for each ; which list they 
sign and certify, and transmit, sealed, to the seat of the 
Government of the United States, directed to the President 
of the Senate. The President of the Senate shall, in the 
presence of the Senate and House of Representatives, open 
all the certificates, and the votes shall then be counted. 
The person having the greatest number of votes shall be 
the President, if such number be a majority of the whole 
number of Electors appointed ; and if there be more than 
one who have such a majority, and have an equal number 

* This clause has been amended and superseded by the Twelfth Amend- 
ment to the Constitution. By the provisions of the original clause the 
person in the electoral college having the greatest number of votes (pro- 
vided he had a majority of the whole number of electors appointed) be- 
came President, and the person having the next greatest number of 
votes became Vice-President, thus giving the Presidency to one polit- 
cal party and the Vice-Presidency to another. In the year 1800 the 
Democratic Republicans determined to elect Thomas Jefferson President 
and Aaron Burr Vice-President. The result was that each secured an 
equal number of votes, and neither was elected. The Constitution then, 
as now, provided that in case the electoral college failed to elect a 
President, the House of Representatives, voting as States, should elect. 
The Federalists distrusted and disliked Jefferson ; the Democratic Re- 
publicans and some of the Federalists distrusted and disliked Burr. 
The vote in the House on the thirty-sixth ballot gave the Presidency to 
Jefferson and the Vice-Presidency to Burr. In order to prevent a repe- 
tition of so dangerous a struggle, the Twelfth Amendment, by which the 
electoral votes are cast separately for the candidates for President and 
for Vice-President, was proposed by Congress Dec. 12, 1803, and de- 
clared in force Sept. 25, 1804. 



STATE PAPERS. 273 

of votes, then the House of Representatives shall immedi- 
ately choose, by ballot, one of them for President ; and if 
no person have a majority, then, from the five highest on 
the list, the said House shall, in like manner, choose the 
President. But in choosing the President, the votes shall 
be taken by States, the representation from each State 
having one vote ; a quorum for this purpose shall consist 
of a member or members from two-thirds of the States, 
and a majority of all the States shall be necessary to a 
choice. In every case, after the choice of the President, 
the person having the greatest number of votes of the Elec- 
tors shall be the Vice-President. But if there should re- 
main two or more who have equal votes, the Senate shall 
choose from them, by ballot, the Vice-President." 

4. " The Congress may determine the time of choosing 
the Electors, and the day on which they shall give their 
votes ; which day shall be the same throughout the United 
States." 

5. " No person, except a natural-born citizen, or a citi- 
zen of the United States at the time of the adoption of this 
Constitution, shall be eligible to the office of President; 
neither shall any person be eligible to that office who shall 
not have attained to the age of thirty-five years, and been 
fourteen years a resident within the United States." 

6. " In case of the removal of the President from office, 
or of his death, resignation, or inability to discharge the 
powers and duties of the said office, the same shall de- 
volve on the Vice-President, and the Congress may by law 
provide for the case of removal, death, resignation, or in- 
ability both of the President and Vice-President, declaring 
what officer shall then act as President, and such officer 
shall act accordingly, until the disability be removed, or a 
President shall be elected." 

7. " The President shall, at stated times, receive for his 
services, a compensation, which shall neither be increased 
nor diminished during the period for which he shall have 

18 



274 CIVIL GOVERNMENT. 

been elected, and he shall not receive within that period, 
any other emolument from the United States, or any of 
them." 

8. " Before he enter on the execution of his office, he 
shall take the following oath or affirmation : * I do solemnly 
swear (or affirm), that I will faithfully execute the office 
of President of the United States, and will, to the best of 
my ability, preserve, protect, and defend the Constitution 
of the United States.' " 

Section II. — Powers of the President. 

1. "The President shall be commander-in-chief of the 
army and navy of the United States, and of the militia 
of the several States, when called into the actual service 
of the United States ; he may require the opinion, in writ- 
ing, of the principal officer in each of the executive depart- 
ments, upon any subject relating to the duties of their 
respective offices, and he shall have power to grant re- 
prieves and pardons for offences against the United States, 
except in cases of impeachment." 

2. " He shall have power, by and with the advice and 
consent of the Senate, to make treaties, provided two-thirds 
of the Senators present concur; and he shall nominate, 
and by and with the advice and consent of the Senate, 
shall appoint ambassadors, other public ministers, and 
consuls, judges of the Supreme Court, and all other officers 
of the United States, whose appointments are not herein 
otherwise provided for, and which shall be established by 
law : but the Congress may by law vest the appointment 
of such inferior officers, as they think proper, in the Pres- 
ident alone, in the courts of law, or in the heads of 
Departments." 

3. " The President shall have power to fill up all vacan- 
cies that may happen, during the recess of the Senate, by 
granting commissions, which shall expire at the end of 
their next session." 






STATE PAPERS. 275 

Section III.-Duties of the President. 
" He shall, from time to time, give to the Congress infor- 
mation of the state of the Union, and recommend to their 
consideration such measures as he shall judge necessary 
and expedient: he may, on extraordinary occasions, con- 
vene both Houses, or either of them, and in case of dis- 
agreement between them, with respect to the time of 
adjournment, he may adjourn them to such time as he 
shall think proper; he shall receive ambassadors and 
other public ministers; he shall take care that the laws 
be faithfully executed, and shall commission all the 
officers of the United States." 

Section IV. -Impeachment of the President. 
"The President, Vice-President, and all civil officers of 
the I nited States, shall be removed from office, on impeach- 
ment for, and conviction of, treason, bribery, or other high 
crimes and misdemeanors." 

Artice III. 
JUDICIAL DEPARTMENT. 
Section I.-United States Courts. 
i " The judicial power of the United States shall be vested 
in one Supreme Court, and in such inferior courts as the 
Congress may, from time to time, ordain and establish 
The judges, both of the Supreme and inferior courts, shall 
hold their offices during good behavior, and shall, at stated 
times, receive for their services a compensation, which shall 
not be diminished during their continuance in office." 

Section Il.-Jurisdiction of the United States 
Courts. 

1. " The Judicial power shall extend to all cases, in law 
and equity, arising under this Constitution, the laws of the 



276 CIVIL GOVERNMENT. 

United States, and treaties made, or which shall be made, 
under their authority ; to all cases affecting ambassadors, 
other public ministers, and consuls ; to all cases of admir- 
alty and maritime jurisdiction ; to controversies to which 
the United States shall be a party; to controversies be- 
tween two or more States, between a State and citizens of 
another State, between citizens of different States, between 
citizens of the same State, claiming lands under grants of 
different States, and between a State, or the citizens thereof, 
and foreign States, citizens, or subjects." 

2. "In all cases affecting ambassadors, other public 
ministers, and consuls, and those in which a State shall 
be a party, the Supreme Court shall have original jurisdic- 
tion. In all the other cases before mentioned, the Supreme 
Court shall have appellate jurisdiction, both as to law and 
fact, with such exceptions, and under such regulations, as 
the Congress shall make." 

3. " The trial of all crimes, except in cases of impeach- 
ment, shall be by jury ; and such trial shall be held in the 
State where the said crimes shall have been committed ; 
but when not committed within any State, the trial shall 
be at such place, or places, as the Congress may by law 
have directed." 

Section III.— Treason. 

1. " Treason against the United States shall consist only 
in levying war against them, or in adhering to their ene- 
mies, giving them aid and comfort. No person shall be 
convicted of treason, unless on the testimony of two wit- 
nesses to the same overt act, or on confession in open 
court." 

2. " The Congress shall have power to declare the pun- 
ishment of treason, but no attainder of treason shall work 
corruption of blood, or forfeiture, except during the life of 
the person attainted." 



STATE PAPERS. 277 

Article IV. 

Section I.— State Records. 

" Full faith and credit shall be given in each State to the 
public acts, records, and judicial proceedings of every other 
State. And the Congress may, by general laws, prescribe 
the manner in which such acts, records, and proceedings 
shall be proved and the effect thereof." 

Section II.— Privileges of Citizens. 

1. "The citizens of each State shall be entitled to all 
privileges and immunities of citizens in the several States." 

2. " A person charged in any State with treason, felony, 
or other crime, who shall flee from justice, and be found 
in another State, shall, on demand of the executive author- 
ity of the State from which he fled, be delivered up, to be 
removed to the State having jurisdiction of the crime." 

3. " No person held to service or labor in one State, 
under the laws thereof, escaping into another, shall, in 
consequence of any law or regulation therein, be discharged 
from such sendee or labor, but shall be delivered up on 
claim of the party to whom such service or labor may be 
due."* 

Section III.— New States and Territories. 

1. "New States may be admitted by the Congress into 
this Union ; but no new State shall be formed, or erected, 
within the jurisdiction of any other State ; nor any State 

* The Underground Railroad. — Before the abolition of slavery 
a system of aiding runaway slaves to reach Canada was perfected in vari- 
ous parts of the country. From different points on the Canadian frontier 
to the Southern States were secret routes, along which, generally by night, 
slaves were helped to freedom by persons opposed to slavery. The 
whole movement was unlawful at the time, and was popularly known 
as the " Underground Railroad." A slave reaching British soil in- 
stantly became free. 



278 CIVIL GOVERNMENT. 

be formed, by the junction of two or more States, or parts 
of States, without the consent of the legislatures of the 
States concerned, as well as of the Congress." 

2. " The Congress shall have power to dispose of and 
make all needful rules and regulations respecting the ter- 
ritory, or other property, belonging to the United States ; 
and nothing in this Constitution shall be so construed as 
to prejudice any claims of the United States, or of any 
particular State." 

Section IV. — Guarantee to the States. 

" The United States shall guaranty to every State in this 
Union a republican form of government, and shall protect 
each of them against invasion ; and, on application of the 
legislature, or of the executive (when the legislature cannot 
be convened), against domestic violence." 



Article V. 

POWER OF AMENDMENT. 

"The Congress, whenever two-thirds of both Houses 
shall deem it necessary, shall propose amendments to this 
Constitution, or, on the application of the legislatures of 
two-thirds of the several States, shall call a convention for 
proposing amendments, which, in either case, shall be 
valid to all intents and purposes, as part of this Constitu- 
tion, when ratified by the legislatures of three-fourths of 
the several States, or by conventions in three-fourths there- 
of, as the one or the other mode of ratification may be pro- 
posed by the Congress ; Provided, that no amendment, 
which may be made prior to the year one thousand eight 
hundred and eight, shall, in any manner, affect the first 
and fourth clauses in the ninth section of the first article ; 
and that no State, without its consent, shall be deprived 
of its equal suffrage in the Senate." 



STATE PAPERS. 279 

Article VI. 

PUBLIC DEBT, SUPREMACY OF THE CONSTI- 
TUTION, OATH OF OFFICE, RELIGIOUS 
TEST. 

1 . " All debts contracted, and engagements entered into, 
before the adoption of this Constitution, shall be as valid 
against the United States, under this Constitution, as under 
the Confederation." 

2. " This Constitution, and the laws of the United States 
which shall be made in pursuance thereof, and all treaties 
made, or which shall be made, under the authority of the 
United States, shall be the supreme law of the land ; and 
the judges in every State shall be bound thereby, anything 
in the Constitution or laws of any State to the contrary 
notwithstanding." 

3. " The Senators and Representatives before mentioned, 
and the members of the several State legislatures, and all 
executive and judicial officers, both of the United States, 
and of the several States, shall be bound, by oath or affirm- 
ation, to support this Constitution ; but no religious test 
shall ever be required as a qualification to any office or 
public trust under the United States." 

Article VII. 

RATIFICATION OF THE CONSTITUTION. 

" The ratification of the Conventions of nine States shall 
be sufficient for the establishment of this Constitution be- 
tween the States so ratifying the same." 

Done in convention by the unanimous consent of the 
States present, the seventeenth day of September, in the 
year of our Lord, one thousand seven hundred and eighty- 
seven, and of the Independence of the United States of 
America the twelfth. 



AMENDMENTS TO THE CONSTITUTION. 

Articles in Addition to, and Amendment of, the Con- 
stitution of the United States of America,* 

Proposed by Congress and ratified by the Legislatures of the 
several States, pursuant to the fifth article of the original 
Constitution. 

Article I.— Freedom of Religion, etc. 

"Congress shall make no law respecting an establish- 
ment of religion, or prohibiting the free exercise thereof, 
or abridging the freedom of speech, or of the press ; or the 
right of the people peaceably to assemble, and to petition 
the Government for a redress of grievances." 

Article II. — Right to Bear Arms. 

" A well-regulated militia being necessary to the security 
of a free State, the right of the people to keep and bear 
arms shall not be infringed." 

Article III. — Quartering Soldiers on Citizens. 

" No soldier shall, in time of peace, be quartered in any 
house, without the consent of the owner ; nor, in time of 
war, but in a manner to be prescribed by law." 

* More than seven hundred amendments to the Constitution have 
been proposed since it was adopted. Several are usually proposed at 
each session of Congress. 

The first twelve articles of amendment to the Federal Constitution 
were adopted so soon after the original organization of the Government 
under it in 1789 as to justify the statement that the}' were practically 
contemporaneous with the adoption of the original (Justice Miller, 
U. S. Supreme Court). 
280 






AMENDMENTS TO THE CONSTITUTION. 281 

Article IV.— Search-Warrants. 
" The right of the people to be secure in their persons, 
houses, papers, and effects, against unreasonable searches 
and seizures, shall not be violated ; and no warrants shall 
issue, but upon probable cause, supported by oath or affirm- 
ation, and particularly describing the place to be searched, 
and the persons or things to be seized." 

Article V.— Trial for Crime, etc. 
u Xo person shall be held to answer for a capital or other- 
wise infamous crime, unless on a presentment or indict- 
ment of a grand jury, except in cases arising in the land 
or naval forces, or in the militia, when in actual service, 
in time of war, or public danger ; nor shall any person be 
subject, for the same offence, to be twice put in jeopardy 
of life or limb ; nor shall be compelled in any criminal 
case, to be a witness against himself, nor be deprived of 
life, liberty, or property, without due process of law ; nor 
shall private property be taken for public use, without just 
compensation." 

Article VI. — Rights of Accused Persons. 
" In all criminal prosecutions, the accused shall enjoy 
the right to a speedy and public trial, by an impartial jury 
of the State and district wherein the crime shall have been 
committed, which district shall have been previously ascer- 
tained by law, and to be informed of the nature and cause 
of the accusation; to be confronted with the witnesses 
against him; to have compulsory process for obtaining 
witnesses in his favor; and to have the assistance of 
counsel for his defence." 

Article VII.— Suits at Common Law. 
u In suits at common law, where the value in contro- 
versy shall exceed twenty dollars, the right of trial by jury 
shall be preserved ; and no fact, tried by a jury, shall be 



282 CIVIL GOVERNMENT. 

otherwise re-examined in any court of the United States, 
than according to the rules of the common law." 

Article VIII. — Excessive Bail. 
" Excessive bail shall not be required, nor excessive fines 
imposed, nor cruel and unusual punishments inflicted." 

Article IX.— Rights Retained by the People. 
" The enumeration in the Constitution of certain rights 
shall not be construed to deny or disparage others retained 
by the people." 

Article X.— Reserved Powers of the States. 
" The powers not delegated to the United States by the 
Constitution, nor prohibited by it to the States, are re- 
served to the States respectively, or to the people." 

Article XI. 

" The judicial power of the United States shall not be 
construed to extend to any suit in law or equity, com- 
menced or prosecuted against one of the United States by 
citizens of another State, or by citizens or subjects of any 
foreign State."* 

Article XII.— Mode of Choosing the President and 
Vice-President. 

1. "The Electors shall meet in their respective States, 
and vote by ballot for President and Vice-President, one 

* In the case of Chisholm vs. The State of Georgia, the Supreme 
Court decided that under Article III. $ 2 of the Constitution a 
private citizen of a State might bring suit against a State other than 
the one of which he was a citizen. This decision, by which a State 
might be brought as defendant before the bar of a Federal court, was 
highly displeasing to the majority of the States in 1794. On the 5th 
of March of that year the Eleventh Amendment was passed by two- 
thirds of both houses of Congress, and declared in force January 8, 1798. 
Practically, the amendment has been the authority for the repudiation 
of debts by several States. 






AMENDMENTS TO THE CONSTITUTION. 283 

of whom, at least, shall not be an inhabitant of the same 
State with themselves ; they shall name in their ballots 
the person voted for as President, and in distinct ballots 
the person voted for as Vice-President ; and they shall 
make distinct lists of all persons voted for as President, 
and of all persons voted for as Vice-President, and of the 
number of votes for each, which lists they shall sign, and 
certify, and transmit, sealed, to the seat of government of 
the United States, directed to the President of the Sen- 
ate ; the President of the Senate shall, in the presence of 
the Senate and House of Representatives, open all the cer- 
tificates, and the votes shall then be counted ; the person 
having the greatest number of votes for President shall be 
the President, if such number be a majority of the whole 
number of Electors appointed ; and if no person have such 
majority, then, from the persons having the highest num- 
bers, not exceeding three, on the list of those voted for as 
President, the House of Representatives shall choose im- 
mediately, by ballot, the President. But in choosing the 
President, the votes shall be taken by States, the represen- 
tation from each State having one vote ; a quorum for 
this purpose shall consist of a member or members from 
two-thirds of the States, and a majority of all the States 
shall be necessary to a choice. And if the House of Rep- 
resentatives shall not choose a President, whenever the 
right of choice shall devolve upon them, before the fourth 
day of March next following, then the Vice-President shall 
act as President, and in case of the death, or other consti- 
tutional disability, of the President." 

2. " The person having the greatest number of votes 
as Vice-President shall be the Vice-President, if such 
number be a majority of the whole number of Electors 
appointed ; and if no person have a majority, then, from 
the two highest numbers on the list, the Senate shall 
choose the Vice-President; a quorum for the purpose 
shall consist of two-thirds of the whole number of Sen- 



284 CIVIL GOVERNMENT. 

ators ; and a majority- of the whole number shall be neces- 
sary to a choice." 

3. " But no person constitutionally ineligible to the office 
of President, shall be eligible to that of Vice-President of 
the United States." 

Article XIII.— Abolition of Slavery. 

1. "Neither slavery nor involuntary servitude, except 
as a punishment for crime, whereof the party shall have 
been duly convicted, shall exist within the United States 
or any place subject to their jurisdiction." 

2. " Congress shall have power to enforce this article 
by appropriate legislation."* 

Article XIV.— Right of Citizenship, etc. 
1. " All persons born or naturalized in the United States, 
and subject to the jurisdiction thereof, are citizens of the 
United States and of the State wherein they reside. No 
State shall make or enforce any law which shall abridge 
the privileges or immunities of citizens of the United 
States; nor shall any State deprive any person of life, 
liberty, or property without due process of law, nor deny 
to any person within its jurisdiction the equal protection 
of the laws." f 

* The Emancipation Proclamation and the events of the Civil War 
led to the adoption of the Thirteenth Amendment. Its language is 
substantially the same as that used in the celebrated ordinance of 1787. 
It was proposed April 8, 1864, and proclaimed in force Dec. 18, 1865. 

f The events of the Civil War (1861-65) made necessary an entire 
reconstruction of political society in the United States, to accord with the 
new conditions produced by the abolition of slavery. The object of the 
amendment was to confer citizenship upon negroes, and to make it an 
object to all the States to recognize and further this right. It was pro- 
posed June 8, 1866, and declared in force July 28, 1868. The amend- 
ment is especially illustrative of the " reconstruction " ideas in force 
after the war. The amendment made the people of th^ colored race 
citizens of the United States, and conferred upon them the equal protec- 
tion of the laws. 



AMENDMENTS TO THE CONSTITUTION. 285 

2. " Representatives shall be apportioned among the 
several States according to their respective numbers, count- 
ing the whole number of persons in each State, excluding 
Indians not taxed. But when the right to vote at any 
election for the choice of Electors for President and Vice- 
President of the United States, Representatives in Congress, 
the executive and judicial officers of a State, or the mem- 
bers of the Legislature thereof, is denied to any of the male 
inhabitants of such State, being twenty-one years of age, 
and citizens of the United States, or in any way abridged, 
except for participation in rebellion or other crime, the 
basis of representation therein shall be reduced in the pro- 
portion which the number of such male citizens shall bear 
to the whole number of male citizens, twenty-one years of 
age, in such State." 

3. " No person shall be a Senator or Representative in 
Congress, or Elector of President and Vice-President, or hold 
any office, civil or military, under the United States, or 
under any State, who, having previously taken an oath as 
a member of Congress, or as an officer of the United States, 
or as a member of any State Legislature, or as an execu- 
tive or judicial officer of any State, to support the Con- 
stitution of the United States, shall have engaged in in- 
surrection or rebellion against the same, or given aid 
or comfort to the enemies thereof. But Congress may, 
by a vote of two-thirds of each House, remove such 
disability." 

4. " The validity of the public debt of the United States, 
authorized by law, including debts incurred for payment 
of pensions and bounties for services in suppressing insur- 
rection or rebellion, shall not be questioned. But neither 
the United States nor any State shall assume or pay any 
debt or obligation incurred in aid of insurrection or rebel- 
lion against the United States, or any claim for the loss or 
emancipation of any slave, but all such debts, obligations, 
and claims shall be held illegal and void." 



286 CIVIL GOVERNMENT. 

5. " The Congress shall have power to enforce, by appro- 
priate legislation, the provisions of this article." 

Article XV.— Right of Suffrage. 

1. " The right of citizens of the United States to vote 
shall not be denied or abridged by the United States, or 
by any State, on account of race, color, or previous con- 
dition of servitude." 

2. " The Congress shall have power to enforce this arti- 
cle by appropriate legislation."* 

* " The Constitution of the United States does not confer the right of 
suffrage upon anyone" (Chief-justice Waite). An amendment was 
necessary to prevent the States or the United States from giving prefer- 
ence, in the right to vote, to one citizen of the United States over an- 
other on account of race, color or previous condition of servitude. " The 
Fifteenth Amendment had the effect in law of removing from the State 
constitutions, or making void, any provision in them which restricted 
the right to vote to the white race "(Justice Harlan). By the second 
section Congress is expressly empowered to enforce the amendment. 
It was proposed by Congress Feb. 26, 1869, and proclaimed in force 
March 30, 1870. This amendment illustrates the liberal character of 
the Government of the people of the United States, and a striking 
contrast may now be drawn between the narrow and somewhat selfish 
principles of the Federal Government in 1789, and the broad and 
humane principles which actuate the nation at the present time. 






EMANCIPATION PROCLAMATION BY PRES- 
IDENT LINCOLN, JANUARY i, 1863.* 

Whereas, On the twenty-second day of September, in 
the year of our Lord one thousand eight hundred and 
sixty-two, a proclamation was issued by the President of 
the United States, containing among other things the fol- 
lowing, to wit : " That on the first day of January, in the 
year of our Lord one thousand eight hundred and sixty- 
three, all persons held as slaves within any state, or desig- 
nated part of the state, the people whereof shall be in rebel- 
lion against the United States, shall be then, thenceforward, 
and for ever free ; and the executive government of the 
United States, including the military and naval authority 
thereof, will recognize and maintain the freedom of such 
persons, and will do no act or acts to repress such persons 
or any of them in any efforts they may make for their 
actual freedom ; that the Executive will, on the first day 
of January aforesaid, by proclamation, designate the states, 
and parts of states, if any, in which the people thereof, 
respectively, shall then be in rebellion against the United 
States ; and the fact that any state, or the people thereof, 
shall on that day be in good faith represented in the Con- 
gress of the United States by members chosen thereto at 

* The tendency of the Government of the people of the United States 
toward liberal sentiments and the general welfare of man is shown by 
the legislation, considered as a whole, of Congress and of the States, 
but by no act more conspicuously than by the abolition of slavery in 
the United States. Slavery was abolished by the Thirteenth Amend- 
ment to the Constitution, but preliminary to the amendment was the 
Emancipation Proclamation, written and issued by President Lincoln. 

287 



288 CIVIL GOVERNMENT. 

elections wherein a majority of the qualified voters of such 
states shall have participated, shall, in the absence of strong 
countervailing testimony, be deemed conclusive evidence 
that such state, and the people thereof, be not then in re- 
bellion against the United States." 

Now, therefore, I, Abraham Lincoln, President of the 
United States, by virtue of the power in me vested as com- 
mander-in-chief of the army and navy of the United States 
in time of actual armed rebellion against the authority and 
government of the United States, and as a fit and necessary 
war-measure for suppressing said rebellion, do, on this first 
day of January, in the year of our Lord one thousand eight 
hundred and sixty-three, and in accordance with my pur- 
pose so to do, publicly proclaimed for the full period of 
one hundred days from the day first above mentioned, 
order and designate as the states and parts of states, where- 
in the people thereof, respectively, are this day in rebellion 
against the United States, the following, to wit: Arkan- 
sas, Texas, Louisiana (except the parishes of St. Bernard, 
Plaquemines, Jefferson, St. John, St. Charles,. St. James, 
Ascension, Assumption, Terre-Bonne, Lafourche, Ste. Marie, 
St. Martin, and Orleans, including the city of New Orleans), 
Mississippi, Alabama, Florida, Georgia, South Carolina, 
North Carolina, and Virginia (except the forty-eight coun- 
ties designated as West Virginia, and also the counties of 
Berkeley, Accomac, Northampton, Elizabeth City, York, 
Princess Anna, and Norfolk, including the cities of Nor- 
folk and Portsmouth), and which excepted parts are, for 
the present, left precisely as if this proclamation were not 
issued. And by virtue of the power, and for the purpose 
aforesaid, I do order and declare, that all persons held as 
slaves within said designated states and parts of states, are 
and henceforward shall be free; and that the executive 
government of the United States, including the military 
and naval authorities thereof, will recognize and maintain 
the freedom of said persons. And I hereby enjoin upon 



THE EMANCIPATION PROCLAMATION. 289 

the people so declared to be free to abstain from all vio- 
lence, unless in necessary self-defence ; and I recommend 
to them, that in all cases, when allowed, they labor faith- 
fully for reasonable wages. And I further declare and 
make known, that such persons, of suitable condition, will 
be received into the armed service of the United States, to 
garrison forts, positions, stations, and other places, and to 
man vessels of all sorts in said service. And upon this 
act, sincerely believed to be an act of justice, warranted 
by the Constitution upon military necessity, I invoke the 
considerate judgment of mankind and the gracious favor 
of Almighty God. 

In testimony whereof I have hereunto set my name, and 
caused the seal of the United States to be affixed. 
Done at the city of Washington this first day of Jan- 
uary, in the year of our Lord one thousand eight 
hundred and sixty-three, and of the independence of 
the United States the eighty-seventh. 

ABRAHAM LINCOLN. 
By the President : 

William H. Seward, 

Secretary of State. 

19 



APPENDIX 



The States abolished property qualifications as follows 
In New Hampshire the tax test was abolished in 1792. 



" the property 


« 


ii 


it 


1852. 


Georgia 


it 


It 


ii 


1798. 


Maryland 


u 


it 


ii 


1801. 


Massachusetts " 


u 


it 


ii 


1821. 


New York 


u 


tt 


ii 


1821. 


the tax 


u 


It 


ii 


1826. 


Delaware the property 


a 


tt 


tl 


1831. 


New Jersey " 


it 


tl 


tl 


1844. 


Connecticut " 


u 


it 


a 


1845. 


South Carolina " 


it 


it 


a 


1865. 


North Carolina " 


it 


tt 


u 


1854. 


Virginia 


tl 


(I 


it 


1850. 


" the tax test of 1864 


ii 


tt 


1882. 


Tennessee the property test 


It 


u 


1834. 


Ohio 


It 


ii 


u 


1851. 


Louisiana the tax 


tt 


ii 


u 


1845. 


Mississippi " 


tt 


ii 


a 


1832. 


Khode Island, the prop. 


tt 


tt 


u 


1888. 






290 



APPENDIX. 



291 



States and Territories. 



Alabama 

Alaska Territory 

Arizona Territory 

Arkansas 

California 

Colorado 

Connecticut 

Delaware 

District of Columbia 

Florida 

Georgia 

Hawaii Territory 

Idabo 

Illinois 

Indiana 

Indian Territory 

Iowa 

Kansas 

Kentucky 

Louisiana 

Maine 

Maryland 

Massachusetts 

Michigan 

Minnesota ... 

Mississippi 

Missouri 

Montana 

Nebraska 

Nevada 

New Hampshire 

New Jersey 

New Mexico Territory 

New York 

North Carolina 

North Dakota 

Ohio 

Oklahoma Territory... 

Oregon 

Pennsylvania 

Rhode Island 

South Carolina 

South Dakota 

Tennessee 

Texas 

Utah 

Vermont 

Virginia 

Washington 

West Virginia 

Wisconsin 

Wyoming 



Representa- 
tives in 
Congress. 


Population 
Census 1900 


9 


1,828,697 




63,441 


*i 


122,931 


6 


1,311,564 


7 


1,485,053 


2 


539,700 


4 


908,355 


1 


184,735 




278,718 


2 


528,542 


11 


2,216,331 


*1 


154,001 


1 


161,772 


22 


4,821,550 


13 


2,516,462 




391,960 


ii 


2,231,853 


8 


1,470,495 


11 


2,147,174 


6 


1,381,625 


4 


694,466 


6 


1,190,050 


13 


2,805,346 


12 


2,420,982 


7 


1,751,394 


7 


1,551,270 


15 


3,106,665 


1 


243,329 


6 


1,068,539 


1 


42,335 


2 


411,588 


8 


1,883,669 


*1 


195,310 


34 


7,268,012 


9 


1,898,810 


1 


319,146 


21 


4,157,545 


*1 


398,245 


2 


413,536 


30 


6,302,115 


2 


428,556 


7 


1,340,316 


2 


401,570 


10 


2,020,616 


13 


3,048,710 


1 


276,749 


2 


343,641 


10 


1,854,184 


2 


518,103 


4 


958,800 


10 


2,069,042 


1 


92,531 



Area, Square 
Miles. 



52,250 

577,390 

113,020 

53,850 

158,360 

103,925 

4,990 

2,050 

70 

58,680 

59,475 

6,640 

84,800 

56.650 

36,350 

31,400 

56,025 

82.080 

40,400 

48,720 

33,040 

12,210 

8,315 

58,915 

83,365 

46,810 

69,415 

146,080 

77,510 

110,700 

9,305 

7,815 

122,580 

49,170 

52,250 

70,795 

41,060 

39,030 

96,030 

45,215 

1 ,250 

30,570 

77,650 

42,050 

265,780 

84,970 

9,565 

42,450 

69,180 

24,780 

56,040 

97,890 



Delegate. 



292 APPENDIX. 



New State Constitutions. 

The States have framed constitutions as follows [the States are named 
in the order in which they came into the Union] : 

1. Delaware, 1776, 1792, 1831. 

2. Pennsylvania, 1776, 1790, 1838, 1873- 

3. New Jersey, 1776, 1844. 

4. Georgia, 1777, 1789, 1798, 1868, 1877. 

5. Connecticut, Charter of 1662, Constitution of 1818. 

6. Massachusetts, 1780. 

7. Maryland, 1776, 1851, 1864, 1867. 

8. South Carolina, 1776, 1778, 1790, 1868, 1895. 

9. New Hampshire, 1776, 1784, 1792, 1876, 1889. 

10. Virginia, 1776, 1830, 1850, 1870. 

11. New York, 1777, 1821, 1846, 1894. 

12. North Carolina, 1776, 1868, 1876. 

13. Ehode Island, Charter of 1663, Constitution of 1842. 

14. Vermont, admitted March 4, 1791,* Free.f Constitutions, 1777, 

1786, 1793. 

15. Kentucky, admitted June 1, 1792, Slave. Constitutions, 1792, 

1799, 1850, 1890. 

16. Tennessee, June 1, 1796, Slave. 1834, 1865, 1870. 

17. Ohio, November 29, 1802, Free. 1851. 

18. Louisiana, April 30, 1812, Slave. 1845, 1852, 1868, 1879. 

* The date of admission is the date of the first State constitution that was 
accepted by Congress. 

f The political importance of slavery in American affairs may be seen from 
the admission of States as Slave or Free : that is, as permitting or as forbid- 
ding slavery in their constitutions. 

From the governmental facts here outlined may be drawn some interesting 
conclusions : 

1. That until 1850 the number of Free and*of Slave States in the Union was 
equal, thus maintaining what was then known as " the balance of power in 
legislation." 

2. That the Free States were north of 36° 30', except Missouri. 

3. That Western Slave States were directly west of Eastern Slave States. 

4. That Kansas was the first State in which occurred a struggle between 
freedom and slavery for the control of the State Government. 

5. That all former Slave States made new constitutions about 1865, in 
accordance with the results of the Civil War as expressed in the Thirteenth 
Amendment to the Constitution of the United States. 



APPENDIX. 293 

19. Indiana, December 11, 1816, Free. 1851. 

20. Mississippi, December 10, 1817, Slave. 1832, 1868, 1890. 

21. Illinois, December 3, 1818, Free. 1848, 1870. 

22. Alabama, December 14, 1819, Slave. 1867, 1875. 

23. Maine, March 15, 1820, Free. 

24. Missouri, August 10, 1821, Slave. 1865, 1875. 

25. Arkansas, June 15, 1836, Slave. 1868, 1874. 

26. Michigan, January 26, 1837, Free. 1850. 

27. Florida, March 3, 1845, Slave. 1865, 1868, 1886. 

28. Texas, December 29, 1845, Slave. 1866, 1868, 1876. 

29. Iowa, December 28, 1846, Free. 1857 

30. Wisconsin, May 29, 1848. Free. 

31. California, September 9, 1850, Free. 1879. 

32. Minnesota, May 11, 1858. Free. 

33. Oregon, February 14, 1859. Free. 

34. Kansas, January 29, 1861. Free. (Slave constitution, 1855; 

Free constitution in 1857 ; Slave constitution in 1858; a Free 
constitution in 1859, on which the State was admitted.) 

35. West Virginia, June 19, 1863, Free. 1872. 

36. Nevada, October 31, 1864. Free. 

37. Nebraska, March 1, 1867. 1875. 

38. Colorado, August 1, 1876. 

39. North Dakota, November 2, 1889. 

40. South Dakota, November 2, 1889. 

41. Montana, November 8, 1889. 

42. Washington, November 11, 1889. 

43. Idaho, July 3, 1890. 

44. Wyoming, July 10, 1890. 

45. Utah, January 4, 1896. 



294 



APPENDIX. 



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296 APPENDIX. 



THE AUSTRALIAN BALLOT SYSTEM. 

Many States, in order to secure ballot reform, have in- 
troduced the Australian ballot system. The reforms sought 
are to remove the causes and to overcome the effects of 
intimidation, bribery and repeating at the polls. The bal- 
lots are printed and distributed by the authority of the 
State and at the public expense. The room in which the 
election is held is divided into two parts by a railing. In 
one part of the room are located the election officers with 
the ballot-box ; in the other part are arranged a number 
of closets called voting-booths or stalls. When an elector 
enters the room he gives his name and address to the 
officers ; if his name is found on the assessor's list, he is 
admitted within the railing and handed an official ballot. 
The ballot contains the names of all the candidates of the 
different parties in separate columns ; the elector retires to 
a voting-booth and in private prepares his ballot. If he 
desires to vote what is called " a straight ticket " — that is, 
to vote for every candidate of his political party — he 
marks a cross (X) within a circle which is printed above 
the column containing the names of all the candidates of 
his party. If he desires to vote for but a part of the 
ticket, he makes a cross (X) opposite the names of the 
candidates for whom he wishes to vote, or he may write 
in blank spaces left for the purpose the names of candi- 
dates of his own choice. He must fold his ballot so that 
no one can see how he has marked it, give it to the elec- 
tion officer having charge of the ballot-box, who numbers 
it and fastens down securely with adhesive paste the part 
marked with the number, so that it cannot be seen without 
cutting the ballot open, and deposits it in the ballot-box. 
The object of all this detail is to secure secrecy and to 
prevent fraud in conducting the election. 



APPENDIX. 297 

Some variations in the minor details of the system are 
to be found, but the general features are the same in all 
the States in which it has been adopted. The essential 
part of the system is that the entire machinery of elec- 
tion is put into the hands of the State, instead of being 
left, as heretofore, to the promiscuous methods of political 
parties* 

* "The Australian system of voting would be an immense power in 
clipping the wings and suppressing the evils of political bossism. Up- 
ward of eighty-five million people conduct their elections in accordance 
with its provisions, so that it is neither an untested experiment nor a 
questionable expedient, "Wherever a free and accurate expression of 
opinion is desired it finds a home, so that it cannot be justly claimed as 
the method of any one country or people. 

"The cardinal features of the Australian system are compulsory 
secrecy of voting, uniform official ballots containing the names of all 
candidates printed under State or municipal authority, and official 
equality of nominations when made either by a party convention or 
by a paper signed by a given number of voters ; under this system all 
qualified voters have equal facilities for voting and all candidates have 
equal facilities for receiving votes. 

" The Australian system has produced effects far wider than the mere 
achievement of a single reform. It offers not only free and pure elec- 
tions, but free nominations. It offers a method of nomination that is 
free to all, and it emancipates us from the rule of the political bosses. 
There is abundant testimony that it is the best, the most rapid and the 
most facile mode of obtaining the unbiassed wish of voters. It secures 
tranquillity, purity and freedom of choice. For all these reasons I 
heartily favor it." — Gov. Kobt. E. Pattison. 



QUESTIONS 

DEVELOPING THE GOVERNMENT OF THE 

STATE, COUNTY, TOWNSHIP, TOWN 

OR PARISH, AND CITY* 



What is a State? 

What are the civil divisions of a State ? 

What is a constitution ? 

When was the constitution now in operation in this State adopted ? 
How can the constitution of this State be amended ? Has it ever been 
amended, and if so, for what purpose ? 

Does the constitution of this State contain a bill of rights ? 

What is an elector? 

What are the qualifications of an elector in this State? 

Is a State elector in this State required to be a citizen of the United 
States ? 

Are the local officers, State officers, and Federal officers elected on the 
same or on different days ? Why ? 

Who is the highest executive officer of this State ? When is he elect- 
ed ? For how long a term ? What are his qualifications ? His duties ? 
His salary ? 

Has this State a lieutenant-governor ? What are his qualifications ? 
When is he elected ? For how long a term ? His duties ? His salary ? 

What are the other executive and administrative officers of this 
State ? How is each chosen ? What are the duties of each ? 

What is the name of the legislative body that makes the laws of this 
State ? How many branches has it ? What are their names? What is 
the term of service in each ? When does this body meet ? Where ? 
How often? 

* These questions are suggestive only, and are to be modified or 
extended at the discretion of the teacher, so as to develop the methods 
and harmonize the variations and peculiarities in the forms of local 
government. A copy of the State constitution should always be used 
in studying the government of a State. 
298 



APPENDIX. 299 

How many State senatorial districts are there in this State? 

In which State senatorial district do you reside ? 

Who is the State senator from this district? What are his qualifica- 
tions? His term of service ? His salary? 

How many representative or assembly districts are there in this 
State ? In which representative district do you reside ? 

Who is the State representative from this district? What are his 
qualifications? His term of service ? His salary? 

How many congressional districts are there in this State? 

How many representatives has this State in Congress? 

In which congressional district do you reside? 

By what authority is the State divided into congressional districts? 

Who represents this congressional district in Congress ? 

What are the qualifications of a representative ? How is he chosen ? 
For how long a term of service ? What is his salary ? 

How many United States senators has each State ? 

By whom are they chosen ? For how long a term of service ? 
What are the qualifications of a United States senator ? What is his 
salary ? 

What are the names of the different State courts in this State? 
Which is the highest State court in this State? What are the titles of 
its judges? How are they chosen? What is their term of office? 
Their salaries? 

Is this State divided into State judicial districts? 

In which State judicial district do you reside? 

In which United States circuit court district is this State located ? 

Where does the United States circuit court for this State meet? 

What justice of the United States Supreme Court presides in this 
circuit ? 

How many United States district courts are there in this State ? 

W T ho is the resident United States district judge ? 

When does the United States district court meet? Where? 

How are the judges of the United States courts chosen ? What is 
the salary of each ? 

What other officers besides the judges are connected with the United 
States courts ? What are their duties? How are they chosen ? 

What are the names of the different county courts in this county? 

In what courts are civil cases tried? Criminal cases? 

In what courts are estates of deceased persons adjudicated ? 

What is the tenure of office of the county judges? 

How are county judges chosen ? 

What is the salary of the judges in this county? 



300 APPENDIX. 

Where do the courts of this county meet? 

Has this county a county attorney ? How is he chosen ? What is 
his term of service ? What are his duties ? His salary ? 

Who is the present county attorney? 

Who is the sheriff of this county ? How is he chosen ? What is his 
term of service ? His salary ? What are his duties ? 

What are the other officers of this county ? What are their duties ? 

What are the civil divisions of this county ? What is the title of the 
judicial officer in this township, town or parish? Of the executive 
officers? Of the legislative officers? Of the administrative officers? 
What are the duties of each ? Which of these officers are required to 
give a bond for the faithful performance of their duties? Explain the 
nature and operation of a bond. 

What is a charter? 

In what respects does a charter differ from a constitution? 

What is the title of the chief executive officer of a city ? How is he 
chosen ? What are his duties ? His term of office ? 

Name the other executive and administrative officers of a city. How 
are they chosen ? What are their duties ? Their terms of office ? 

What is the title of the chief legislative body of a city ? Of how 
many branches is it composed? What is the title of each branch ? 

What are the principal duties of the legislative department of a city ? 

How are the members of the legislative department of a city chosen ? 
Are they paid a salary for their services ? 

What judicial officers are there in a city other than the county judges 
of the county in which the city is located ? What are the duties of these 
officers ? How are they chosen ? How are they paid for their services ? 



PROBLEMS IN CIVIL GOVERNMENT. 

If the regular candidate of the political party to which you belong 
were a person inferior in ability, morally and intellectually, to the can- 
didate of the opposing party, which candidate would you vote for, and 
for what reason? 

A certain town wishes to construct waterworks, but it has no money 
for that purpose. In what two ways may it legally proceed to obtain 
the required funds? Which do you think would be the better? 

At a certain local election there was reason to believe that more votes 
were cast than there were lawful electors in the district. By what pro- 
cess would the facts in the case be ascertained, and how would the case 
be settled beyond further dispute ? 



APPENDIX. 301 

If an elector own land in several States, can he vote in them all ? 
What facts determine his legal residence? 

Can a member of Congress at the same time hold a State office, 
according to the Constitution of the United States? What is the 
reason for this? According to the Constitution of the State in which 
you live? Is the reason the same? 

A politician described the civil service as " a system by which it is 
hard to get into an office and easy to get out of it;" he further said that 
he believed in a civil service " that makes it easy to get into an office, 
but hard to get a man out of the office." Do you think that he touched 
on any principle of popular government that could be made to work in 
practice? What principle? 

Do you think that the government of the people of the United States 
would be a more perfect government if there was only one political party 
in the country ? If not, for what reason ? 

In the assessment of real property the owner may complain that he is 
assessed too high ; has he any means of getting the assessment changed ? 
If he cannot get it changed, is he justified in refusing to pay his taxes? 
Why? 

In the older States many State officers are appointed by the governor 
by and with the consent of the Senate ; in the newer States nearly all 
State officers are elected by the people. How do you explain this 
remarkable difference in the civil government of the States ? Which 
do you favor? Why? 

In one of the States in the Union which requires by its Constitution 
that every person before he can vote must be able to read a section of 
the State Constitution, an illiterate man was taught to repeat a section 
from memory, and when his vote was challenged he (apparently) read 
the section, it having been pointed out to him by the person who had 
taught it to him. Was his vote illegal ? Was he guilty of breaking 
the spirit of the law? Should he be punished? 

Are all citizens of the United States electors? Is there a difference 
between the meanings of the words "electors," "inhabitants," "resi- 
dents" and "citizens"? Which of these constitute "the sovereign 
people of the United States"? 

What principles of our government are illustrated in the following: 
An election. The inauguration of the President. The levy of a tax. 
The impeachment of a State officer. A jury trial. The support of 
public schools by taxation. The improvement of rivers and harbors 
by and at the expense of the National Government. The privileges 
of a member of the State or of the National legislature. The exist- 
ence of a United States Supreme Court. 



302 APPENDIX. 

QUESTIONS FOR DEBATE. 

Should the President be elected by popular vote ? 

Which affords the more privileges for its citizens — a republic like the 
United States, or a monarchy like England ? 

Can a State repudiate its debts ? 

Is " rotation in office " conducive to the most desirable results in a 
government like our own? 

Would the government of the people of the United States be more 
conducive to their welfare if State legislatures were abolished and all 
laws were made by Congress? 

Should the National Banking System be abolished ? 

Would the " general welfare " of the United States be promoted by 
an amendment to the Constitution requiring every elector to be able to 
read and write ? 

Which have had the wider influence in this country — the opinions 
of Thomas Jefferson or those of Alexander Hamilton? 

Would Congress be justified at any time in appropriating the sur- 
plus in the national treasury to the payment of the debts of the States? 

Are American politics growing better ? 

Is the Government of the United States to-day essentially the same 
as it was when Washington was President? 

Has the Government of the United States the constitutional right to 
become the owner of the railroad and telegraph lines of the country? 

Would the general welfare of the people of the United States be pro- 
moted if the National Government should become the owner of the rail- 
road and telegraph lines ? 

Does man's capability for enjoying life increase with the advance of 
civilization ? 

Would the union of the United States and Canada promote the wel- 
fare of the people of these two countries ? 

Does the government of the people of the United States possess the 
power of indefinite self-perpetuation ? 

Is the present form of government in the United States the best form 
possible at the present time ? 

Upon which does the welfare and the perpetuity of popular govern- 
ment in this country the more depend — upon national legislation or 
upon State legislation? 

Would the Government of the United States be justified in buying 
Cuba, rather than have that island pass into the possession of any other 
power than Spain ? 




[The references are to paragraphs, except when the page is indicated.] 



Abolition, 248. 

Access to President, 328. 

Adams, J., President, 90, 111. 

Adams, J. Q., President, 321, 327. 

Adams, Samuel, 145. 

Administration, 154, 198. 

Africans, 30. 

Age, 122. 

Agriculture, 15, 345. 

Agriculture, Department of, 345. 

Alabama case, 349. 

Alaska, 238. 

Albany Plan of Union, 217. 

Alderman, 164. 

Amendment, 135, p. 278. 

America, 38, 63, 64, 403. 

Anarchism, 400. 

Anarchy, 113. 

Ancestors, 37. 

Angles, 46, 48. 

Annapolis, 127, 291. 

Annexation, 234. 

Anti-rent troubles, 91. 

Appeal, 171, 197, 356. 

Apportionment, 253. 

Arbitration, 349. 

Archbishop, 54. 

Aristocracy, 22. 

Aristotle, p. 9. 



Arms, right to bear, 304. 

Army, 290. 

Art, 283. 

Articles of Confederation, 104, 221, 

p. 250. 
Asiatics, 30. 
Assembly, 120, 196. 
Assessor, 166. 
Association, 25. 
Astronomy, 9. 
Attorney, 173, 198. 
Auditor, 169, 181, 198, 339. 
Australian Ballot, p. 300. 

Bacon, Nathaniel, 80. 
Ballot, 80, 142, 146. 
Bank, 141, 365, 369, 370. 
Bankruptcy, 279. 
Barons' war, 54. 
Base line, 243. 

Basis of government, 24, 315, p. 83 
Bill, how made into a law by Con- 
gress, 272, p. 267. 
Bill of attainder, 297. 
Bill of credit, 313. 
Bill of revenue, 272. 
Bill of rights, 62, 101, 118. 
Board of Trade, 95, 216. 
Bonds, 167, 168, 368. 

303 



304 



INDEX. 



Borough, 39, 182. 
Bosses, 146. 
Boundaries, 205, 247. 
Breach of the peace, 269. 
Buchanan, President, 337. 
Bureau of Education, 342. 
Bureau of Statistics, 339. 
Buying votes, 146. 
"By" the; by-law, 42. 

Cabinet, 134, 270, 324, 330, 336, 

345. 
Cabot, 230. 
Csesar, 37. 

California, 81, 200, 208, 235. 
Campaign, 144, 148. 
Canal, 198; lands, 245. 
Caucus, 143, 144, 145, 146. 
Census, 130, 136. 
Centennial of Constitution, 127. 
Chaplain, 255. 
Charge d'affaires, 338. 
Charles II., 61. 

Charter, 55, 76, 81, 87, 103, 182. 
Chief of police, 184. 
Church, 73, 76, 83, 84, 85. 
Circuit courts, 358. 
Civil cases, 171, 350, 351. 
Civil institutions, 1, 18, 45, 47. 
Civil jurisdiction, 73, 84, 85. 
Civil rights, 24, 74, 377. 
Civil service, 328, Note, p. 91. 
Civil war, 228. 
Citizen, 22, 29, 30, 36, 61, 124, 125, 

131, 390, et seg., p. 277. 
City, 27, 49, 182, 184, 187, 188, 189, 

190, 191, 207. 
Clergymen, 120. 
Clerk, 174, 255. 
Coast Survey, 339. 
Coin certificate, 366. 
Coins, 362. 



Colonies, 94. 

Commerce, 20. 

Commissioner, 175, 198, 339, 342, 

358. 
Committees, 256, 263. 
Common carriers, 31. 
Commons, 48. 
Commonwealth, 60. 
Communism, 400. 
Compensation, 269. 
Compromise, 129. 
Comptroller, 339. 
Confederation, 104, 106, 110, 114, 

221. 
Congress, 101, 102, 107, 108, 114, 

250, 314, 315. 
Connecticut, 63, 132, 240. 
Conquest of Britain, 46. 
Constable, 160. 
Constellation, 9. 
Constituency, 154. 
Constitution, 38, 103, 118, 127, 128, 

129, 130, 131, 132, 135, 196, 

199, 200, 212, 213, 222, 285, 

398 ; of United States, p. 263. 
Consular service, 338, 358. 
Continental money, 112. 
Contract, 312, 350, 351. 
Convention, 127, 128, 143, 194, 316. 
Coon-skins, 148. 
Copyright, 284, 286. 
Coroner, 159, 178. 
Corporation, 33. 
Correction lines, 243. 
Cotton, 96. 

Council, 120, 164, 184, 208, 249. 
Count Cavour, p. 9. 
Counterfeiting, 280. 
Counties, 72, 73, 170, 171, 173, 174, 

175, 207. 
Courts, 65, 69, 131, 171, 184, 287, 

347, 348, 350, 358, p. 275. 



INDEX. 



305 



Credit, 276. 

Crimes, 12, 14. 

Criminal case, 12, 14, 171. 

Cromwell, 60. 

Custom, 8, 19, 20, 64, 137. 

Declaration of Independence, 

104, 220, p. 244. 
Declaration of Eights, 218, 219; 

p. 241. 
Delaware, 63, 93, 122, 132. 
Delegates, 194, 208. 
Democracy, 22, 80. 
Denmark, 37. 
Departments, 102, 118, 134, 336, 

337, 339, 340, 341, 342, 343, 

344, 345. 
Desert land, 245. 
De Tocqueville, p. 9. 
Diplomatic service, 338. 
Director of Mint, 339. 
Directors of schools, 162. 
District, 196. 
District courts, 358. 
District of Columbia, 358. 
Doorkeeper, 255, 260. 
Dutch, 63, 91, 215. 
Duty, 27, 47. 

Edinburgh, 39. 
Education, bureau of, 342. 
Election, 80, 142, 155, 251, 321. 
Electoral College, 130, 319, 320, 

323. 
Electoral commission, 321. 
Electors, 124, 125, 126, 142, 143, 

150, 151. 
Ellsworth, 128. 
Emancipation Proclamation, 228, 

p. 126, 287. 
Eminent domain, 33, 307. 
Engineer, 177. 
20 



England, 60, 95, p. 307. 

Envoys extraordinary, 338. 

Estates, 171. 

Evils in politics, 146, 147. 

Execution, 355. 

Executive, 118, 119, 122, 129, 130, 

195, 208, 336 eUe?.,p271. 
Expenditures, 301, 373. 
Ex post facto law, 297, 313. 

Fac-simile of Declaration of In- 
dependence, p. 244. 
Factory, 18. 

Federal judges, 130, 357, 358. 
Felony, 269. 
Female suffrage, 151. 
Fence-rails, 148. 
Feudal system, 52. 
Finance, 187, 361. 
Fines, 309. 
Flag, 402. 
Florida, 233. 
Foes of the nation, 400. 
Foreigners, 30, 278, 318. 
Fractional currency, 367. 
France, 230. 
Franchise, 310. 
Franklin, 127, 217. 
Freedom, 303. 
Freemen, 40, 48, 100. 
Fund for campaigns, 144, 146. 
Fundamental law, p. 9. 

Gadsden Purchase, 236. 
Garfield, p. 83. 
Gaul, 37. 

General Assembly, 84, 196. 
Geneva award, 349. 
Geodetic survey, 339. 
Geographical unity, 248. 
Georgia, 63, 79, 132. 
Germany, 37, 46. 



306 



INDEX. 



Gerry, 128. 

Gifts, 302. 

Gladstone, p. 117. 

God, 15, 34, p. 83. 

Government, 20, 21, 22, 23, 24, 65, 
105, 139, 184, 188, 193, 208, 
209, 311, 315, 399, 403. 

Governor, 100, 195, 208; list of 
governors, pp. 296, 297. 

Grand jury, 353. 

Grand model, 78. 

Habeas Corpus, 61, 296, 352. 

Hamilton, 128, 339, 379. 

Hard cider, 148. 

Hayes, President, 381. 

Henry III., 56. 

Herdsmen, 6, 7, 8, 9, 10. 

Homesteads, 245. 

Hours of labor, 31. 

House of Commons, 56, 57, 58, 65, 

67, 120. 
House of Delegates, 120, 208. 
House of Lords, 56, 65, 68. 
House of Representatives, 120, 251, 

253, 255. 
House of Stuart, 58, 63. 
Householders, 305. 
Hudson River, 91. 
Hue and cry, 50. 
Hundred, the, 42. 
Husbandmen, 13. 

Impeachment, 267,330,331, p. 275. 
Inauguration, 325. 
Income, 203, 246. 
Incompatible offices, 270. 
Incorporation, 182, 183. 
Indebtedness, 187. 
Independence, 98. 
Indian affairs, 215, 245. 
Indictment, 352. 



Individuals and society, 26, 28, 390 

et seq. 
Industry, 17, 31, 91, 391. 
Inferior courts of United States, 

287, 358. 
Institutions, 1, 189. 
Insurance commissioner, 198. 
Interior, Department of, 342. 
International copyright, 286. 
Inter-State Commerce Act, p. 191. 
Iowa, 200. 
Issues in politics, 383. 

Jackson, President, 330. 

James II., 62. 

Jefferson, President, 90, 104, 226, 

242, 321, 339, 362, p. 83. 
Job, book of, 9. 

John, king of England, 54, 55. 
Johnson, 128, 267. 
Joint rules, 264. 
Journal, 265. 
Judgment, 355. 
Judiciary, 121, 123, 130, 171, 197, 

208. 
Jury, 51, 178, 308, 351, 353. 
Justice, 42, 159, 344, 360. 
Justice of the peace, 159. 

Kansas, 137, 225. 
Kentucky, 81, 94, 122. 
Kentucky resolutions, 226. 
King, 49, 52, 53, 54, 55, 58, 65, 66, 

84. 
King Caucus, 143. 

Labor, 10, 16, 31, 198. 

Land, 13, 40, 48, 204, 230, 240, 242, 

245. 
Langton, Archbishop, 54. 
Language, 3, 9, 15, 19. 
Laws, 20, 198, 208, 297, 390, 393. 



INDEX. 



307 



Legal tender, 364. 

Legislature, 42, 56, 59, 62, 65, 67, 
68, 70, 73, 76, 77, 78, 84, 86, 91, 
100, 101, 102, 103, 118, 120, 
130, 250. 

Levy of tax, 166. 

Liberty, 296, 389, p. 225. 

Librarian, 198, 260. 

Lieutenant-governor, 198. 

Life-saving service, 339. 

Limitations on States, 313, 314. 

Lincoln, 228, 245, 296, p. 83. 

Little Parliament, 70. 

Livingstone, 128. 

Lobby, 270. 

Local Government, p. 83. 

Local history, 140. 

Local option, 249. 

Locke's grand model, 78. 

Longfellow, 402. 

Louisiana purchase, 232. 

Mace, 255. 

Madison, President, 127, 226, 337. 

Magna Charta, 55, 104, 228. 

Mails, 282. 

Man, p. 9 ; 47. 

Manners, 91, 137, 140, 388. 

Manufactures, 16, 17. 

Map of Public Domain, p. 128. 

Marshal, United States, 358. 

Marshall, Chief-justice, 294, 315, 

337. 
Maryland, 63, 76, 122, 127, 132. 
Mason and Dixon's line, 205. 
Massachusetts, 63, 81, 82, 85, 132, 

200, 240. 
Mayflower Compact, 81, 239, p. 49. 
Mayor, 163. 

Membership of Congress,253,p. 266. 
Meridian in survey, 243. 
Mesilla Valley, 243. 



Message, 130, 332. 

Mexico, 230. 

Middle colonies, 93. 

Migration, 91, 137, 140. 

Military divisions of the United 

States, 290. 
Military lands, 245. 
Militia, 291. 

Minister plenipotentiary, 338. 
Minority President, 323. 
Mint, 362. 
Mobs, 388. 
Monarchy, 22. 
Money, 110, 111, 112, 169, 280, 362, 

363. 
Monroe, President, 242, 337. 
Montana, pp. 292, 295, 297. 
Morals, 27, 395. 
Morris, 127. 
Mulford, pp. 9, 117. 

Nation, 99, 210, 211, 212, 214, 248, 

335, 396 et seq. 
National bank-notes, 365. 
National convention, 316. 
National debt, 371. 
Natural rights, 29. 
Naturalization, 125, 278, 390. 
Navy, 290. 

New England, 43, 81, 90, 93, 215. 
New Hampshire, 63, 88, 132. 
New Jersey, 63, 93. 
New States, 131, 138, 293. 
New trial, 356. 
Newspapers, 148. 
Nihilism, 400. 
Nolle prosequi, 353. 
Nominating conventions, 143, 316. 
Norman conquest, 52. 
North Carolina, 63, 77, 122, 132, 240. 
North Dakota, pp. 292, 295, 297. 
North-west Territory, 223. 



308 



INDEX. 



Nullification, 226. 

Oath, 157, 256, 261, 278,325, p. 279. 

Obligation of contracts, 312. 

Officers, 157, 185, 198, 359. 

Official title, 271. 

Ordinance of 1787, 223, 224. 

Oregon, 237. 

Origin of township survey, 242. 

Original area of United States, 231. 

Otto, quoted, 114. 

" Outsiders," 316. 

Overseers of the poor, 176. 

Paper money, 111. 
Parish, 41, 71, 73, 82. 
Parliament, 56, 65, 84, 120. 
Parties in politics, 141, 378, 380, 

381, 386. 
Passport, 337. 
Patent, 285. 

Patriarchal government, 7. 
Penn's Plan of Union, 216. 
Pennsylvania, 63, 92, 127, 132. 
Pensions, 342. 

Person, 24, 391, 392, 393, 394, 395. 
Personal liberty, 296. 
Personal security, 306. 
Petit jury, 354. 
Petition of right, 59. 
Philadelphia, 93, 101, 127, 1S8, 

222, 388. 
Piracy, 288, 306. 
Pittsburgh, 39, 94, 311. 
Planks, 384. 
Planter, 75. 
Platforms, 384. 
Plymouth, 81. 
Politics, 24, 27, 28, 32, 64, 100, 

116, 130, 141, 146, 147, 154, 

374, 375, 376, 378, 380, 381, 

383, 386, 387. 



Polls, 152, 154. 

Population, 94, 137, 248. 

Portland, 94. 

Posse comitatus, 50, 160, 172. 

Post-office, 101, 260, 343. 

Potomac River, 127. 

Powers denied the States, 313. 

Powers of Congress, 107, 274, 

294. 
Powers of United States courts, 

359. 
Precincts, 186. 
Pre-emption, 245. 
President of the Senate, 260, p. 271. 
President of the United States, 55, 

130, 318, 319, 320, 321, 324, 

326, 327, 328, 329, 330, 331, 

332, 333, 334, 335, 336, 345, 

348, p. 275, p. 282. 
President pro tempore, 262. 
Presidents, table of, pp. 298, 299. 
Principal meridian, 243. 
Principles of government, 10, 47, 

70, 97, 137, 141, 147, 209, 

395. 
Private property, 307. 
Prohibition, 249. 
Proportional taxation, 298. 
Proprietors, 76, 78. 
Punishments, 309. 
Purchase of lands from States by 

the United States, 239. 
Puritans, 69. 

Qualifications, 122, 125, 149, 
252, 258, 318. 

Railroad Commissioner, 198. 
Railroad land, 245. 
Raleigh, Sir Walter, 230. 
Range lines, 243. 
Ratification, 131, p. 299. 



INDEX. 



309 



Recorder, 174. 

Reforms, 188, 3S7. 

Register, 174, 339. 

Regularity of Western States, 206. 

Religion, 122, 125, p. 279, 280. 

Reports, 347. 

Representation, 129, 130, 190, 252, 

253. 
Republic, 22. 
Repudiation, 112. 
Residence, 122, 125. 
Return, 156. 
Revenue, 272, 275, 372. 
Revolution, 23, 100, 105. 
Rhode Island, 63, 86, 112, 113, 

127, 132. 
Rights, 3, 11, 12, 24, 25, 26, 29, 31, 

32, 33, 34, 35, 36, 47, 48, 91, 

295, 304, 305, 346, 391, 392, 

393, 394, 395. 
Roads, 161. 
Rome, 37. 

Rotation in office, 130. 
Russia, 230. 
Rutledge, 128. 

Sabbath, 35. 

Salaries, 172, 268, 269, 327. 

Savages, 2, 3, 4, 5. 

Savannah, 94. 

Saxon ideas, 48. 

Schleswig, 37. 

School, 35, 162, 179, 185, 198, 245. 

School directors, 162. 

Science, 283. 

Seal, 337, 402. 

Secession, 227. 

Secretary, 198, 260, 337. 

Section of land, 244. 

Selectmen, 164. 

Senator, 258. 

Sentence, 355. 



Sergeant-at-arms, 255, 260. 
Session, 266; of legislatures, 196, 

p. 296, 299. 
Seward, 337. 
Shakespeare, 65. 
Sheriff, 44, 50, 172. 
Sherman, 120. 
Shire, 43. 
Signal corps, 291. 
Simon de Montfort, 56. 
Slavery, 86, 90, 96, 129, 224, 227 

310. 
Smithsonian Institution, 283. 
Socialism, 400. 
Society, 26, 30, 33, 394. 
Solicitor of the Treasury, 329. 
South Carolina, 63, 78, 122, 132, 

227, 240. 
South Dakota, p. 292 ; 293, 295, 297. 
Sovereignty, 397. 
Southern colonies, 80, 93. 
Speaker, 255. 
" Split," a, 144. 
Spoils, 154. 
State, 118, 138, 185, 191, 192, 197, 

198, 200, 201, 203, 205, 208, 

211, 227, 240, 311, 313, 314, 

337, 347, p. 277. 
Suffrage, 126, 150, 151, 153, p. 284. 
Superintendent, 179, 185, 198. 
Supervisor of roads, 161. 
Supreme Court, 197, 357, p. 203. 
Supreme law, 199. 
Supreme power of Congress, 294. 
Survey, 242. 
Surveyor, 177, 244. 
Swedes, 63. 

Tax, 51, 53, 131, 166, 167, 202, 

275, 298. 
Temple quoted, 115. 
Tennessee, 81, 122. 



310 



INDEX. 



Territory, 208, 293, p. 277. 

Texas, 230, 234. 

Theocracy, 22. 

Timber lands, 245. 

Title, 195, 204, 230, 271. 302. 

Tools, 15, 16. 

Town, township, 9, 39, 40, 73, 82, 

84, 158, 170, 207, 243, 244. 
Trade, 95, 127, 299. 
Treason, 23, p. 276. 
Treasury, 102, 168, 180, 198, 339, 

364. 
Treaty, 231, 247, 397. 

Underground railroad, p. 277. 
Union, 214, 215, 216, 217, 396, 397, 

398,399,400,401,402,403. 
United States, 133, 231, 247, 287. 
University of Pennsylvania, 1 28. 
Upper house, 100, 257. 

Vacancies, 254, 259, 324, 358. 
Van Buren, President, 302, 330, 

337. 
Vermont, 89, 113, 125. 
Veto, 195, 273. 



Vice-President, 130, 260, 261, 262, 
322, p. 271. 

Virginia, 70, 72, 82, 85, 127, 132, 
200, 240. 

Virginia and Kentucky resolu- 
tions, 225. 

Voting, 146, 149, 150, 153, 156, 273. 

Wages, 31. 

Waite, Chief-Justice, 359. 

War, 90, 229, 289, 340. 

Wards, 186. 

Washington, pp. 292, 295, 297. 

Washington, President, 127, 128, 

379. 
Wealth, 6, 16, 20. 
Weather Bureau, 345. 
Webster, 100, 337. 
Weights and Measures, 281. 
West Point, 291. 
White House, 326. 
William I., 52. 
William of Orange, 62. 
Wilson, 127. 
Wrongs, 12, 350, 352, 353, 354, 

355, 356. 



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